Dr.

Evelyne Maina
January, 2024

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 Definition
❑ Labour law refers to a body of legal rules which regulates the
relationship between:-
❑ an employer and a worker

❑ an employer and workers

❑ employer(s) and trade union representing workers

❑ employers’ organization and trade unions

❑ the state, employers, workers, unions and employer organizations

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 SOURCES OF KENYAN LABOUR LAW
❑ The labour law consists of a number of legal rules based on:-
❑ The Constitution of Kenya
❑ Legislation – law laid down by an organ of the state which has power to do
so i.e. Parliament { the laws are in writing and known as statutes or acts}
❑ Judicial precedent – (court decisions) - the previous court judgements
constitute precedents that court must follow; only ratio decidendi (reason
for judgement) creates precedent
❑ Common law – that is the law which is not legislation and law as was
applicable in England in 1st August 1897.
❑ Custom – though playing limited role it is critical
❑ legal writing- views of legal authors are not binding but persuasive to
courts

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 THE KENYAN LABOUR LAW
❑ A large variety of laws (more than 20) dealing with labour
matters. The nine (9) core labour legislation are-
❑ Employment Act, 2007 (replaced Employment Act, Cap 226 and
Regulation of Wages and Conditions of Employment Act,
Chapter 229)

❑ Labour Relations Act, 2007 (replaced the Trade Unions Act,

Chapter 233 and the Trade Disputes Act, Chapter 234)

❑ Work Injury Benefits Act, 2007 (replaced the Workmen’s

Compensation Act, Chapter 236) 4

Core Labour Legislation
❑ Occupational Safety and Health Act, 2007
(replaced the Factories and Other Places of Work
Act, Chapter 514)
❑ Labour Institutions Act, 2007
❑ National Social Security Fund Act, Chapter 258
❑ National Hospital Insurance Fund Act, Chapter
255
❑ Industrial Training Act, Chapter 237 (Revised
2011)
❑ Retirement Benefits Act
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 Development of the labour law
❑ Kenya embarked on review of its labour legislation form
2001
❑ New legislation consisting of five pieces of statutes were
enacted by parliament in 2007
❑ The new legislation consisted of:
❑ Employment Act,2007
❑ Labour Institutions Act,2007
❑ Labour Relations Act,2007
❑ Work Injury Benefits Act,2007
❑ Occupational Safety and Health Act,2007
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 OBJECTIVES OF LABOUR LAW
REVIEW
❑ Domesticate ILO conventions ratified by Kenya in
fulfillment of the country’s obligation as a member of the
ILO.

❑ Ensure that the eight (8) core ILO conventions are adopted
within the new labour laws.

❑ Ensure employment legislation are more user friendly.

❑ Harmonize E. Africa Regional Labour Legislation in

readiness for the common market
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 THE CORE ILO CONVENTIONS
❑ ILO CON. 29 – Forced labour ratified on 13th January 1964

❑ ILO CON. 98 – Freedom of Association and Collective

Bargaining 13th January 1964

❑ ILO CON. 100 – Equal remuneration for work of equal value

7th May 2001

❑ ILO CON. 105 – Abolition of forced labour 13th May 2001

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 THE CORE ILO CONVENTIONS
❑ILO CON 111 – Discrimination in employment 7th May
2001

❑ILO CON. 138 – Minimum age of employment 9th April

1979

❑ILO CON. 182 – Worst forms of child labour 7th May 2001

❑ Apart from the above the review exercise incorporated

a number of ILO standards and conventions relating to
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human rights.
 Overview of the core labour
legislation
EMPLOYMENT ACT,2007
❑Provides the basic terms applicable to all employment
contracts
❑General principles on ;
❑ prohibition against forced labour
❑ Discrimination in employment
❑ Sexual harassment(20 or more employees)
❑Employment relationship (nature and types of employment)
❑Rights of employees and obligations of employers

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Employment Act 2007 cont..
❑Employment separation(termination, resignation, dismissal,
redundancy, retirement, death) and benefits upon
termination
❑Protection of children from worst forms of child labour,
minimum age of employment and prosecution for
contravention
❑Insolvency, employment records and employment
management
❑Dispute settlement procedure

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 General provisions of Employment
Contract
❑Employment contract for a period of three months must be
in writing[s 9(1)]

❑Employer is responsible for drawing the contract and

ensuring that the employee signify consent to the contract by
signing his name or finger print in the presence of a
witness[9(2),(3)]

❑Employer to explain to employee the terms in a language

understood by employee. 12
 General provisions of Employment
Contract
❑Other Terms which may be in the form of statement:
❑ Entitlement to annual leave, public holiday , sick leave , notice

period , if fixed term the date of termination of contract.

[Sec.10(3) Emp.]

❑ Pension or provident fund where applicable

❑ Collective agreement where applicable

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 General provisions of Employment
Contract cont..
❑Indication if an employee is expected to work outside
Kenya for a period of more than one month and
currency of payment, additional payment and terms and
conditions on return and while outside the country

❑The record of the terms must be kept for a minimum of

5 years after termination of employment

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Fixed term contract
▪ The fixed term contracts are for specified period of
employment or defined work or task.

▪ It can be for one month or less, two, three months or

more.

▪ Normally used for seasonal employment, project type

of work.

▪ May be terminated on account of misconduct, end of

period, by notice or any other lawful reason.
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Casual Employment
▪ Means a person the terms of whose engagement
provide for his payment at the end of each day and
who is not engaged for longer period than twenty four
hours at a time.
▪ Where casual employee is engaged for continuous
period of 1 month or work which can not reasonably be
completed in a period amounting to 3 months or more
he must be deemed to be on monthly terms.
▪ Is entitled to 1 paid rest day after 6 days continuous
work.
▪ Casual employee converted to monthly terms shall
enjoy terms and condition of service others after 2
months of engagement. 16
Hours of Work
❑Employer to regulate the working hours of each
employee
❑Normal working week to consist of not more than 52
hours a week spread over six days of the week.

❑However persons employed on night work may not

work for more than 60 hours a week.

❑No person under the Age of 16 years may work for

more than 6 hours a day.
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 Overtime
❑Paid for any time worked in excess of the normal weekly
hours at 1.5 times the normal hourly rate.

❑For time work on employees rest day or public holiday at 2

times the normal hourly rate.

❑Calculated at weekly hours multiplied by 52 weeks divided

by 12 months. The resultant monthly hours is divided by the
monthly wage to get hourly rate of pay.
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ANNUAL LEAVE.
❑Employee entitled to not less than 21 working days of
leave with full pay after every twelve consecutive
months service.
❑An employee who terminated after completion of 2 or
more consecutive months of service in any twelve
leave earning period is entitled to pro-rata leave.
❑Employer with the consent of an employee may
divide the leave to be taken at different intervals
provided that one of the parts is for not less than 2
working weeks uninterrupted .
❑Any outstanding leave must be taken within 18
months from the end of leave earning period. 19
 Maternity Leave
❑Female employee entitled to 3 months maternity leave.

❑Employee must give notice in writing of at least 7 days or a

shorter period to employer as may be reasonable.

❑If required by employer an employee shall produce a medical

certificate as to her condition to avail the leave from a
qualified medical officer or a midwife.

❑Employee not to forfeit her annual leave and shall not be

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disadvantaged on account of maternity leave.
PATERNITY LEAVE.

❑ A male employee entitled to two weeks paternity

leave.

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Sick Leave
❑After 2 months’ continuous service with an employer ,
an employee shall be entitled to maximum 30 days sick
leave with full pay and thereafter to a maximum of 15
sick leave days at half pay in each 12 months
continuous service.
❑Employee must produce certificate of incapacity from
a qualified medical practitioner.
❑Employee must notify or cause to be notified his
employer as soon as reason his absence.
❑The 12 consecutive months commence from date of
employment and the anniversary thereof.
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Housing
❑Employer obliged to provide reasonable accommodation to
employees near place of work or pay sufficient sum as rent in
addition to wages.

❑Sufficient sum is indicated as 15% of the basic minimum

wage of the employee.

❑Not applicable where the salary is consolidated.

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 Provision of Water
❑ Employer obliged to provide sufficient wholesome water at
the place of work for use by employees and/
or

❑ within a reasonable distance of housing accommodation

provide by the employer.

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 Food
❑Where there is agreement to provide food to
employee the employer must ensure employee is
properly fed is sufficiently supplied with cooking
utensils and means of cooking.

❑No liability is imposed on the employer to

provide when an employee is absent without
lawful cause. 25
 Medical Attention
❑Employer to provide sufficient and proper medicine for its
employees during illness and if possible, medical
attendance during serious illness.

❑Employer to ensure he takes steps to be notified of illness as

soon as reasonable practical.

❑Not applicable where an employee is absent without lawful

cause or excuse, self inflicted illness or injury or medical
treatment is provided free at Government hospital or centre.
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Dismissal
❑ Refusal to obey lawful instructions.

❑ Employee arrested for cognizable offence punishable by

imprisonment is not within 14 days released.

❑ Employee commits or on reasonable grounds is suspected to

have committed a criminal offence against or to the detriment

of his employer or his employers property.

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Dismissal
❑Following reasons may lead to summary dismissal of
an employee after the employer has followed proper
procedure:-{ S.44}Emp.
❑ Absenteeism without lawful cause or leave.

❑ intoxication rendering a worker incapable of

performance.

❑ Willful neglect of duty.

❑ Use of abusive or insulting language.

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 UNFAIR GROUNDS OF TERMINATION
▪ Pregnancy or reasons connected thereto.

▪ Going on an entitled leave.

▪ Membership or proposed membership to union.

▪ Participation in union activities outside working hours or

with the permission of employer within working hours.

▪ Seeking office or becoming an official of a union.

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 Labour Relations Act, 2007
❑Provides for freedom of association for both employers and
workers, Formation, regulation and dissolution of trade
unions and employers organizations and federations

❑Collection of union dues including agency fees, and

subscriptions for employers organizations

❑Recognition of trade unions and Collective bargaining

❑Dispute resolution and adjudication through at the parties

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own level, Ministry of labour , Industrial Court and ADR
 Labour Relations Act, 2007
cont..
❑Strikes and lockouts, including prohibited strikes and
lockouts, Essential services (water supply services, hospital
services, air traffic control services and civil aviation
telecommunication services, fire services of the Government
and public institutions, posts authority and local
Government authorities, ferry services)

❑Powers of industrial court to deal with urgent applications

(recognition, redundancy without notice, essential services)
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Work Injury Benefits Act, 2007
cont..
❑Provides for compensation of all employees for work
related injury or occupational diseases

❑Registration of employers and insurance of all

employees against work related injury or occupational
diseases, including medical treatment, appliances and
travel (recovery of medical expenses prohibited)

❑Compensation of employees for occupational accidents

or diseases resulting in disablement or death 32
 Work Injury Benefits Act, 2007
cont..
❑Denial of compensation in the case of

❑ injury due to deliberate and willful misconduct(unless injury is

serious-more than 40% disability or death)

❑ employee willfully fails to disclose a medical condition that

aggravates injury or disease, Employee fails to present himself

for medical treatment

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Work Injury Benefits Act,
2007 cont..
❑Employee not to be denied compensation by threats

❑Compensation not to be alienated, Maximum

compensation based on 96 months earnings
❑Temporary disability up to 12 months
❑Payment of compensation to Director within 90days
from date of assessment and to injured employee or
dependants within 30 days.

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Occupational Safety and
Health Act, 2007
 Applies in any place where a person is at work
 Purpose of the Act is to:
 Secure the safety, health and welfare of persons at work
 Protect persons other than persons at work from risks
risks arising out of the activities of persons at work
 Provides for duties of occupiers (who include
employers) workers, self employed people, suppliers,
designers, importers, manufacturers
 Special provisions for health and welfare of workers,
machinery, chemical and safety,
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 Labour Institutions Act, 2007
❑Provides for the creation and management of all institutions
dealing with labour including
❑ The National Labour Board
❑ Industrial Court
❑ Committee of Inquiry
❑ Appointment of Commissioner for Labour, Director of
Employment, Registrar and Deputy Registrars of Industrial
Court and Registrar of Trade Unions
❑ Wages Councils and wages orders
❑ Employment Agencies

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National Social Security
Fund Act (cap 258)
 Establishes the NSSF a compulsory
contributory social security scheme
 Provides:
 Age benefits
 Withdrawal benefits
 Invalidity benefits
 Survivors’ benefits
 Emigration grants
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National Hospital Insurance
Fund Act (cap 255)
 Establishes the NHIF, an insurance
fund which:
 Caters for medical insurance
 Pays for expenses incurred by a
contributor, and his or her spouse
and dependant children
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Thank you

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