Labour Law in Kenya

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Sources and institutions of labour law in Kenya.

Sources of labour law are both international and national (the latter including the regulations established through the social partners themselves). Employment relations in Kenya are regulated by a number of sources: constitutional rights, statutory rights, as set out in statutes and regulations; rights set by collective agreements and extension orders of collective agreements; and individual labor contracts.
These legal sources are interpreted by the Industrial Court, and in some cases by the ordinary courts. A particularly important role to play has the tripartite Industrial Relations Charter that laid the foundation for an industrial relations system already prior to Kenya’s independence
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• To clean and safe water in adequate quantities • To social security and • Shall not be denied emergency medical treatment.

Article 30 of the constitution deals with matters relating slavery, servitude and forced labour. Article 30 1 and 2 state that a person shall not be held in slavery or servitude and that a person shall not be required to perform forced labour.

Article 32 (3) which deals with the freedom of conscience, religion, believe and opinion also mentions that a person shall not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.

Statutes

Employment Act 2007
Labour relations act 2007
Labour institutions act 2007
Work injuries benefit act 2007
Occupational Safety and health act 2007

International sources – the International Labour Organization (ILO), which, among other things, establish a degree of harmonization of labour law by laying down standards that must be observed in every country. The structure of the ILO consists of an International Labour Conference, which convenes once a year in Geneva, a Governing Body and an International Labour Office (permanent secretariat). To date, the ILO has adopted no
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