LEGAL PROVISIONS GOVERNING INDUSTRIAL ACTION

Labour Laws
  1. A strike or lockout shall be unlawful:

Unless a report in writing of a trade dispute has been made on which the dispute and 21days have elapsed since the date on which the dispute was reported and the period of notice specified in any registered collective agreement relevant to that trade dispute.

If the minister has within the period of 21days refused to accept the report of the trade dispute because the minister is of the opinion that any matter in dispute is barred from negotiation under the terms of a recognition agreement or collective agreement in force between any of the parties to the dispute.

Offences connected with unlawful strikes and lockout.

  1. Any person who is connected with any strike or lock-out declared this Act in any unlawful if he/she:
  2. Incites others to take part in any strike or lockout.
  3. Takes part in any such strike or lockout shall be guilty of an offence and in case of an offense under section(a) shall be liable to a fine not exceeding ksh 5000 or to imprisonment for a term not exceeding 12 months or both. In case of an offense under paragraph (b) shall be liable to a fine not exceeding ksh 5000 or to imprisonment for a term not exceeding 3 months or both.



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