Explain sources of labor laws in Kenya?

Answer 1

the sources of labour law in Kenya are found in statutes(Acts of Parliament), the constitution of kenya 2010, the common law and international treaties, principles and conventions.

the Acts of Parliament include the Employment Act, the Labour relations Act that regulates the relationship between trade unions and employers or employees and employers or employers' organisation, the Labour Institutions Act that creates the National Labour Board, the Commission of Inquiry, the Wages Councils (both the general and the agricultural wages council), the Directorate of Labour Administration and Inspection and the Employment Agencies under the Director of employments ambit.

the Constitution in its article 40 provides for the right to associate, article 41 right of workers, employers, trade unions and employers organisation and as well in its subsection 5 the right to collective bargaining. in its article 36 freedom of association, article 37 right to assembly, picketing and demonstration.

the common law principles also apply such as the tort of vicarious liability where the employer is responsible for the acts of an employee, civil actions in industrial accidents and also imposes a duty of the employer and employee such as confidentiality on the employee and the issue of compensation of part of the employer for injury or unfair termination of contract.

the Constitution in its article 2(5)(6)provides for the adoption of internationally generally accepted principles and the ratified treaties to for part of Kenyan law. these will include conventions of the international labour organization such as the minimum age convention, Equal Remuneration Convention etc.

Customary law however does not apply.

Written by:

Law Student Kenyatta University

Marienga