Labour Institutions Act TZ

The Labour Institutions Act, 2007
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THE LABOUR INSTITUTIONS ACT, 2007

ARRANGEMENT OF SECTIONS
Section

PART I - PRELIMINARY

1Short title.
2Commencement.
3Interpretation.
4Application.

PART II - THE NATIONAL LABOUR BOARD

5Establishment oI the Board.
6Composition oI the Board.
7Functions oI the Board.
8Committees oI the Board.
9Remuneration oI members.
10Secretary and oIIicers oI Board.

PART III - THE INDUSTRIAL COURT

11Establishment and composition oI Industrial Court.
12Jurisdiction.
13Tenure oI oIIice oI judges oI the Industrial Court.
14EnIorcement oI Industrial Court orders.
15Remedial powers oI the Industrial Court in cases oI wrongIul
dismissal.
16Divisions oI Industrial Court.
17Members oI Industrial Court.
18Appointment oI assessors to Industrial Court.


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19OIIicers oI Industrial Court.
20Powers oI Industrial Court.
21Rules Board Ior Industrial Court.
22Proceedings oI Industrial Court.
23Representation beIore Industrial Court.
24Powers to obtain evidence.
25Restriction on publication oI evidence.
26Review oI orders oI Industrial Court.
27Appeals against decision oI Industrial Court.

PART IV - COMMITTEE OF INQUIRY

28Establishment oI Committee oI Inquiry.
29Report oI Committee oI Inquiry.

PART V - LABOUR ADMINISTRATION AND
INSPECTION

30Appointment oI Commissioner Ior Labour, Director oI
Employment and other oIIicers.
31Appointment oI Registrar, Deputy Registrar and assistant registrars
oI trade unions.

32Delegation.
33CertiIicate oI authority Ior authorised oIIicer.
34Powers oI entry to premises by authorised oIIicer.
35Powers oI labour oIIicer.
36Powers oI employment oIIicer.
37Powers oI medical oIIicer.
38Obstructing an authorised oIIicer.
39OIIences by companies, etc.
40Evidence.
41ConIidentiality.
42Annual report.


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PART VI - WAGES COUNCIL AND THE FIXING OF WAGES
AND TERMS AND CONDITIONS OF SERVICE

43Establishment oI wages councils.
44Functions oI wages council.
45Publication oI draIt wages order.
46Publication oI wages order.
47Contents oI wages order.
48Wages orders to constitute minimum terms and conditions oI
employment.
49Power oI oIIicers to institute proceedings.
50Meaning oI remuneration.
51Employee waiting Ior work on employer`s premises.
52Employer not to receive premium.
53Records and notices.
54Criminal liability oI agent, employer.

PART VII - EMPLOYMENT AGENCIES

55Registration oI employment agencies.
56Application Ior registration.
57Duties oI persons operating employment agencies.
58Powers oI employment oIIicers.
59OIIences.
60Regulations.

PART VIII - MISCELLANEOUS PROVISIONS

61General penalty.
62Rules.
63Repeal oI Cap 229, transitional and savings provision.
64Existing laws.

SCHEDULE


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AN ACT of Parliament to establish labour institutions,
to provide for their functions, powers and
duties and to provide for other matters
connected thereto

ENACTED by the Parliament of Kenya, as follows

PART I PRELIMINARY

Short title.

1. This Act may be cited as the Labour Institutions
Act, 2007.

Commencement.
2. This Act shall come into Iorce on such date as
the Minister may by notice in the Gazette appoint.

Interpretation.

3. In this Act, unless the context otherwise
requires

'authorised oIIicer means a labour oIIicer,
employment oIIicer or medical oIIicer appointed under
this Act;

'Board means the National Labour Board
established under section 5;

'collective agreement means a registered agreement
concerning any terms and conditions oI employment
made in writing between a trade union and an employer,
group oI employers or employer`s organisation;

'Commissioner Ior Labour means the Commissioner
Ior Labour appointed under section 30;

'Committee oI Inquiry means a Committee oI
Inquiry appointed under section 28;

'contract oI service means an agreement, whether


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oral or in writing, and whether express or implied, to
employ or to serve as an employee Ior a period oI time,
and includes a contract oI apprenticeship and indentured
learnership but does not include a Ioreign contract oI
service made within Kenya and to be perIormed in Iull
or in part outside Kenya, and any contract Ior service
with a Ioreign state, except a contract Ior service entered
into with, by or on behalI oI the Government;

'Director means the Director oI Employment;
appointed under section 30;

'employee means a person who has been employed
Ior wages or a salary and includes an apprentice or
indentured learner;

'employer means any person, including the
Government, who employs or has employed an
employee and where appropriate includes

(a) an heir, successor, assignee or transIeror oI
an employer; or

(b) an agent, director, or any person authorised
to represent an employer;

'employers organisation means any number oI
employers associated together Ior the purpose whether
by itselI or with other purposes, oI regulating relations
between employers and their employees or the trade
unions representing those employees;

'employment agency means

(a) any person, company, institution, agency
or other organisation which acts as an
intermediary Ior the purpose oI procuring
employment Ior a worker, but does not


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include newspapers or other publications
unless they are published wholly or
mainly Ior the purpose oI acting as
intermediaries between the employer and
the worker; or

(b) employment agencies not conducted with
a view to proIit, that is to say, the placing
oI services oI any company, institution,
agency or other organisation which,
though not conducted with a view to
deriving any pecuniary or other material
advantage, levies Irom either employer or
worker Ior the above services an entrance
Iee, a periodical contribution or any other
charge;

'employment record means any record required
to be kept by an employer;

'Iederation means a registered Iederation oI
trade unions or employer`s organisation;

'Industrial Court means the Industrial Court
established under section 11;

'labour law means any Act dealing with labour
matters;

Cap. 253.

Cap. 242.
'medical oIIicer means

(a) a medical practitioner who is registered and
licensed under the Medical Practitioners and
Dentists Act; or

(b) a medical oIIicer oI a local authority
appointed under the Public Health Act;


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'sector means an industry or a service or part oI
an industry or a service;

'trade union means an association oI employees
whose principal purpose is to regulate relations between
employees and employers, including an employer`s
organisation;

'Minister means the minister Ior the time being
responsible Ior labour matters;

'Principal Judge means the Principal Judge oI the
Industrial Court appointed under section 11;

'redundancy means the loss oI employment,
occupation, job or career by involuntary means through
no Iault oI an employee, involving termination oI
employment at the initiative oI the employer, where the
services oI an employee are superIluous as a result oI
practices commonly known as abolition oI oIIice, job or
occupation;

'Registrar oI the Industrial Court means the
Registrar oI the Industrial Court appointed under section
19;

'Registrar oI Trade Unions means a Registrar oI
trade unions and includes a Deputy Registrar or an
Assistant Registrar oI Trade Unions appointed under
section 31;

Application.

4.(1) This Act shall not apply to

Cap. 199.
(a) the armed Iorces or the reserve as
respectively deIined in the Armed Forces
Act;


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(c) the National Youth Service.

(2) The Minister may, on the recommendation oI
the Board and aIter taking account oI all conventions and
other international instruments ratiIied by Kenya, by
order, exclude Irom the application oI all or part oI this
Act limited categories oI employed persons in respect oI
whom special problems oI a substantial nature arise.

(3) The Minister may, aIter consultation with the
Board, by order exclude Irom the application oI all or
part oI this Act, categories oI employed persons whose
terms and conditions oI employment are governed by
special arrangements, provided those arrangements
aIIord protection that is equivalent to or better than that
part oI the Act Irom which those categories are being
excluded.

PART II THE NATIONAL LABOUR BOARD

Establishment oI the
Board.
5.(1) There is established the National Labour
Board.

Composition oI the
Board.

6.(1) The Board shall consist oI the Iollowing
members appointed by the Minister, who shall be
Kenyan citizens

(a) a chairperson who has experience and
expertise in labour relation matters;

(b) the general secretary oI the most
representative Iederation oI trade unions;

(c) the chieI executive oI the most
representative Iederation oI employers
organisation;

(d) two persons appointed Irom nominees oI the


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most representative Iederation oI employers`
organisation dealing with labour matters;
(e) two persons appointed Irom nominees oI the
most representative Iederation oI trade
unions;

(I) not more than two other independent
members;

(g) the Director oI Employment;

(h) the Director oI Micro and Small Enterprise
Development;

(i) the Director oI Occupational SaIety and
Health Services;

(j) the Director oI Industrial Training;

(k) the Registrar oI the Industrial Court; and

(l) the Registrar oI Trade Unions.

(2) The provisions oI the Schedule shall apply
with respect to the Board.

(3) The Minister may on the advice oI the Board,
amend the Schedule.

Functions oI the
Board.

7. (1) The Iunctions oI the Board are to advise the
Minister on

(a) all matters concerning employment and
labour;

(b) legislation aIIecting employment and labour;

(c) any matter relating to labour relations and


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trade unionism;

(d) any issue arising Irom the International
Labour Organisation and the International
Labour Organisation Conventions;

(e) codes oI good practice;

(I) any issue raised by an international or
regional association oI states oI which
Kenya is a member;

(g) systems oI labour inspection and the
administration oI the labour laws;

(h) any aspect oI public employment services,
vocational guidance, vocational training and
the employment oI persons with disabilities;

(i) the Iormation and development oI policies
designed to promote the granting oI paid
educational leave to workers Ior the
purposes oI training, trade union social and
civic education and trade union education;

(j) the general state oI employment, training and
manpower development in the country;

(k) productivity measurement and improvement;

(l) the appointment oI wages councils;

(m) the appointment oI members oI the Industrial
Court;

(n) the setting oI compensation beneIits in
accordance with the provisions oI the laws
relating to work injury beneIits;


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(o) the registration, suspension and de-
registration oI trade unions and employers
organisations; and

(p) any other matter related to any oI the
Board`s Iunctions.

(2) The Minister shall, in consultation with the
Board advise

(a) the Government on the issuing oI
immigration entry permits and work
permits to non-citizens; and

(b) the ChieI Justice on the assignment oI
judges to the Industrial Court and the Rules
oI the Industrial Court.

(3) In the perIormance oI its Iunctions, the Board
may conduct

(a) any investigation as it may consider
necessary; and

(b) research into labour, economic and social
policy.

(4) The Board may co-opt any person to participate
in its deliberations, but a person so co-opted shall have
no right to vote at any meeting oI the Board.

(5) The Board may determine its own procedure Ior
the perIormance oI its Iunctions.

(6) The Secretary to the Board shall brieI the Board
at least once in every three months on the Iollowing
issues


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(a) the general state oI the economy according to
the Government;

(b) labour market inIormation and employment
trends;

(c) reported strikes and lockouts;

(d) inIlationary trends and indices;

(e) the number oI complaints and disputes
lodged by employees against employers and
by employers against employees under the
law relating to labour relations and progress
in the settlement oI such complaints or
disputes;

(I) labour inspection services; and

(g) any other issues determined by the Minister
or the Board.

Committees oI the
Board.

8.(1) The Board shall, in consultation with the
Minister, establish the Iollowing committees

(a) Work Permits Committee;

(b) National Manpower Development
Committee;

(c) Trade Disputes Committee;

(d) Productivity Committee; and

(e) such other committees or panels as are
necessary Ior the perIormance oI the Board`s
Iunctions.


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(2) The Board may, with the approval oI the
Minister, co-opt into the membership oI the committees
established under this section other persons whose
knowledge and expertise are necessary Ior the Iunctions
oI the committees or the Board.

Remuneration oI
members.

9. There shall be paid to the Chairman and
members oI the Board such remuneration, Iees or
allowances Ior expenses as the Minister in consultation
with the Minister in charge oI Iinance, may determine.

Secretary and
oIIicers oI Board.

10. The Commissioner Ior Labour

(a) shall be the secretary to the Board; and

(b) may appoint such other oIIicers as are
necessary to assist the Board.

PART III THE INDUSTRIAL COURT

Establishment and
composition oI
Industrial Court.
11.(1) There is established an Industrial Court with
all the powers and rights set out in this Act or any other
law, Ior the Iurtherance, securing and maintenance oI
good industrial or labour relations and employment
conditions in Kenya.

(2) The Industrial Court shall consist oI

(a) a Principal Judge;

(b) as many judges as the President,
acting on the advice oI the Judicial
Service Commission, may
consider necessary; and

(c) members oI the Industrial Court
appointed in accordance with
section 17.


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(3) The Industrial Court shall be constituted by a
Judge sitting with two members oI the Industrial Court.

(4) A person shall not be eligible to hold oIIice as
the Principal Judge oI the Industrial Court unless the
person

(a) is an advocate oI the High Court oI Kenya
oI not less than ten years standing; and

(b) has considerable knowledge and experience
in the law and practice oI industrial relations
and employment conditions in Kenya.

(5) A person shall not be eligible to hold the oIIice
oI a judge oI the Industrial Court unless the person

(a) is an advocate oI the High Court oI Kenya
oI not less than seven years standing; and

(b) has considerable knowledge and experience
in the law and practice oI industrial relations
and employment conditions in Kenya.

Jurisdiction.
12. (1) The Industrial Court shall have exclusive
jurisdiction to hear, determine and grant any appropriate
relieI in respect oI an application, claim or complaint or
inIringement oI any oI the provisions oI this Act or any
other legislation which extends jurisdiction to the
Industrial Court, or in respect oI any matter which may
arise at common law between an employer and employee
in the course oI employment, between an employee or
employer`s organisation and a trade union or between a
trade union, an employer`s organisation, a Iederation and
a member thereoI.

(2) An application, claim or complaint may be


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lodged with the Industrial Court by or against an
employee, an employer, a trade union, an employer`s
organisation, a Iederation, the Commissioner Ior Labour
or the Minister.

(3) The Industrial Court may consolidate claims Ior
the purpose oI hearing witnesses as appropriate.

(4) In the discharge oI its Iunctions under this Act,
the Industrial Court shall have the powers to grant
injunctive relieI, prohibition, declaratory order, award oI
damages, speciIic perIormance or reinstatement oI an
employee.

(5) In deciding on a matter, the Industrial Court
may make any other order it deems necessary which will
promote the purpose and objects oI this Act.

(6) Any decision or order by the Industrial Court
shall have the same Iorce and eIIect as a judgment oI the
High Court and a certiIicate signed by the Registrar oI
the Industrial Court shall be conclusive evidence oI the
existence oI such decision or order.

(7) Any matter oI law arising Irom a decision at a
sitting oI the Industrial Court and any question as to
whether a matter Ior decision is a matter oI law or a
matter oI Iact shall be decided by the presiding judge oI
the Industrial Court provided that on all other issues, the
decision oI the majority oI the members shall be the
decision oI the Industrial Court.

(8) The Industrial Court may make an order Ior
payment oI costs, according to the requirements oI the
law and Iairness and in so doing, the Industrial Court
may take into account the Iact that a party acted
Irivolously, vexatiously or with deliberate delay during


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conciliation proceedings and in bringing or deIending a
proceeding.

(9) The Industrial Court may reIuse to determine
any dispute beIore it, other than an appeal or review, iI
the Industrial Court is not satisIied that an attempt has
been made to resolve the dispute through conciliation.

(10) Unless the parties to a dispute agree to a
longer period, a dispute shall, on the expiry oI thirty days
Irom the date oI appointment oI a conciliator, be deemed
to be unresolved.

(11) A certiIicate issued by a conciliator stating
that a dispute remains unresolved aIter conciliation is
suIIicient prooI that an attempt has been made to resolve
that dispute through conciliation.

(12) The Industrial Court may review

(a) the perIormance or purported
perIormance oI any Iunction provided
Ior in any written law or any act or
omission oI any person or body in
terms oI any written law on any
grounds that are permissible;

(b) any decision taken or any act
perIormed by the State in its capacity
as employer on such grounds as are
permissible in law; or

(c) deal with all matters necessary or
incidental to perIorming its Iunctions
in accordance with this Act or any
other law.


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Tenure oI oIIice oI
judge oI Industrial
Court.
13.(1) A judge oI the Industrial Court shall be
appointed by the President on the advice oI the Judicial
Service Commission.

(2) A judge oI the Industrial Court shall hold
oIIice until the judge

(a) retires;

(b) resigns Irom oIIice;

(c) is removed Irom oIIice by operation
oI the law; or

(d) dies.

EnIorcement oI court
orders.
14. An order oI the Industrial Court made under
this Act

(a) directing the payment oI money or the
delivery oI any property shall be enIorceable
by execution as provided by rules made
under this Act; or

(b) directing the perIormance or non-
perIormance oI any act shall be enIorceable
by contempt proceedings in the Industrial
Court.

Remedial powers oI the
court in cases oI
wrongIul dismissal..
15. II the Industrial Court Iinds that a
dismissal is unIair, the Industrial Court may order the
employer to

(a) reinstate the employee Irom any date not
earlier than the date oI dismissal; or

(b) re-engage the employee, either in the work
in which the employee was employed beIore


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the dismissal or in other reasonably suitable
work on any terms and Irom any date not
earlier than the date oI dismissal; or

(c) pay compensation to the employee to a
maximum oI twelve months wages.

Divisions oI Industrial
Court.
16.(1) The Industrial Court shall have and
exercise jurisdiction throughout Kenya and Ior that
purpose the Principal Judge shall establish and gazette
divisions oI the Industrial Court as he deems necessary.

(2) The ChieI Justice may, aIter consultation with
the Minister and the Principal Judge by order in the
gazette designate any Magistrate`s court to hear matters
relating to labour laws.

Members oI
Industrial Court.
17.(1) The Minister, shall on the advice oI the
Board, appoint members oI the Industrial Court or such
other additional members as may be advised by the
Board Ior a term oI not more than three years.

(2) A member oI the Industrial Court is eligible
Ior re- appointment Ior a Iurther term oI three years.

Board, and Ior good cause, revoke the appointment oI a
member.

(4) The Minister shall in consultation with the
Minister Ior Finance, determine the remuneration oI
members oI the Industrial Court.


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Appointment oI
assessors to assist
Industrial Court.
18. (1) Whenever it appears to be expedient to do
so because oI the nature oI a trade dispute, a judge may,
aIter consulting the parties to a dispute, appoint two
assessors to assist in the determination oI any trade
dispute beIore that judge.

(2) An assessor appointed under subsection (1)
shall have expertise in the subject matter oI the dispute.

(3) OI the two assessors appointed under this
section, one assessor shall be appointed Irom a list
submitted by the trade union parties to the dispute and
the other shall be appointed Irom a list submitted by the
employer parties to the dispute.

OIIicers oI Industrial
Court.

19. (1) Subject to the laws governing
appointments to the public service, the Minister shall
appoint the Iollowing oIIicers oI the Industrial Court

(a) a Registrar oI the Industrial Court who shall
be a person with experience and expertise in
labour law and administration; and

(b) one or more Deputy Registrars oI the
Industrial Court and as many other oIIicers oI
the Industrial Court as the administration oI
justice requires.

(2) The oIIicers oI the Industrial Court shall
perIorm the administrative Iunctions oI the Industrial
Court under the supervision and control oI the Registrar
oI the Industrial Court.

(3) A Deputy Registrar oI the Industrial Court may
perIorm any oI the Iunctions oI the Registrar oI the
Industrial Court that have been delegated generally or
speciIically to the Deputy Registrar oI the Industrial
Court.


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(4) The Deputy Registrar oI the Industrial Court
or, iI there is more than one, the most senior Deputy
Registrar shall act as Registrar oI the Industrial Court
whenever

(a) the Registrar oI the Industrial Court is, Ior
any reason, temporarily unable to perIorm
the Iunctions oI Registrar; or

(b) the oIIice oI Registrar oI the Industrial
Court is vacant.

Powers oI Industrial
Court.
20. (1) II at any stage aIter a dispute has been
reIerred to the Industrial Court, it becomes apparent
that the dispute ought to have been reIerred Ior
conciliation, the Industrial Court may

(a) stay the proceedings and reIer the dispute Ior
conciliation; or

(b) with the consent oI the parties and iI it is
expedient to do so, continue with the
proceedings with the Industrial Court sitting as
a conciliator in which case the Industrial Court
may only make any order that a conciliator
would have been entitled to make.

(2) In the exercise oI its powers under this Act,
the Industrial Court shall be bound by any guidelines or
other directives relating to wage and salary levels and
other terms and conditions oI employment that may be
issued, Irom time to time, to the Industrial Court by the
Minister responsible Ior Iinance.

Rules Board Ior
Industrial Court.
21.(1) There is established the Rules Board Ior the
Industrial Court.


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(2) The Rules Board shall consist oI

(a) the Principal Judge who shall be the
chairperson;

(b) the Iollowing persons to be appointed Ior
a period oI three years by the Minister
acting on the recommendation oI the
Board

(i) two practising advocates with
knowledge, experience and
expertise in labour law;

(ii) a person who represents the
interests oI employees;

(iii) a person who represents the
interests oI employers; and

(iv) a person who represents the
interests oI the Government.

(3) Five members oI the Rules Board shall Iorm a
quorum at any meeting oI the Rules Board.

(4) Subject to the provisions oI this Act, the Rules
Board shall, in consultation with the ChieI Justice, make
rules to regulate the conduct oI proceedings in the
Industrial Court including, but not limited to


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(a) the process by which proceedings are
brought beIore the Industrial Court and
the Iorm and content oI that process;

(b) the period and process Ior noting appeals;

(c ) the taxation oI bills oI costs;

(d) the Iees payable and the costs and
expenses allowable in respect oI the
service or execution oI any process oI the
Industrial Court and the tariII oI costs
and expenses that may be allowed in
respect oI that service or execution; and

(e) all other matters incidental to perIorming
the Iunctions oI the Industrial Court.

(5) The Rules Board may review any rules it
makes.

(6) The Minister shall publish rules made by
the Rules Board in the Gazette.

Proceedings oI
Industrial Court.

22. (1) Proceedings oI the Industrial Court shall
be carried on in open court.

(2)Notwithstanding subsection (1), the Industrial
Court may exclude the members oI the general public or
speciIic persons or categories oI persons Irom the
proceedings in any case where the High Court could
have done so.

(3) A judge oI the Industrial Court may admit
members oI the press to any proceedings beIore the
court.

(4) Where a member oI the press is admitted to


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any proceedings reIerred to in sub-section (3), the
member oI the press shall publish a Iair and accurate
report or summary oI the proceedings.

(5) Where a judge and the members oI the
Industrial Court are unable to agree on a decision, award
or judgment in any matter, the matter shall be decided by
the judge.

Representation
beIore Industrial
Court.

23. In any proceedings beIore the Industrial
Court, a party to the proceedings may act in person or be
represented by a legal practitioner, an oIIice bearer or
oIIicial oI that party`s trade union or employers`
organisation and, iI the party is a juristic person, by a
director or an employee.

Powers to obtain
evidence.

24.(1) The Industrial Court and a Committee oI
Inquiry shall not be bound by the rules oI evidence in
civil or criminal proceedings.

(2) II a witness objects to answering any question
or to producing any relevant document on the ground
that it will incriminate him, or on any ground on which
the witness could lawIully object iI the objection was
made in civil or criminal proceedings in the High Court,
the witness shall not-
(a) be required to answer the question
or to produce the document; and

(b) be liable to any penalties Ior
reIusing to do so.

(3) For the purpose oI dealing with any matter
beIore it, the Industrial Court or Committee oI Inquiry
may by order in writing signed by or on behalI oI the
Industrial Court or Committee oI inquiry require any
person to


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(a) Iurnish, in writing or otherwise, such
particulars in relation to such matter as it
may require;

(b) attend beIore it;

(c) give evidence on oath or otherwise; and

(d) produce any relevant documents.

(4) An order made under subsection (3) may
include a requirement as to the date on which or the time
within which the order is to be complied with.

(5) An order purporting to be signed by or under
the authority oI the judge, chairman or other person
conducting the proceedings oI the Industrial Court or
Committee oI Inquiry shall be presumed, until the
contrary is proved, to have been given by the Industrial
Court or Committee oI Inquiry, as the case may be.

(6 ) A person who

(a) without reasonable cause Iails to
comply with an order duly given
under subsection (3) ; or

(b) is required by an order made under
subsection (3) to Iurnish inIormation,
to make any statement or Iurnish any
inIormation which the person knows,
or has reasonable cause to believe, to
be Ialse or misleading in a material
particular,

commits an oIIence and shall on conviction be liable to
a Iine not exceeding two hundred thousand shillings or to


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imprisonment Ior a term not exceeding six months or to
both.

(7) II an order made under subsection (3) is
directed to a

(a) Iirm or to a body corporate, every partner oI
the Iirm, and every director and oIIicer oI
the body corporate shall comply with the
order;

(b) trade union, employers` organisation or
Iederation, every oIIicial or oIIicer oI the
trade union, employers` organisation or
Iederation shall comply with the order.

(8) Where an oIIence is committed in respect oI
any order made under subsection (3), every partner,
director, oIIicer or oIIicial concerned shall be guilty oI
the oIIence unless they prove that

(a) the oIIence was committed without their
consent or connivance; and

(b) they exercised all due diligence to prevent
the commission oI the oIIence.

Restriction on
publication oI
evidence.
25. (1) The Industrial Court or a Committee oI
Inquiry may not include in any publication relating to
any award, judgment determination, Iinding, report or
other statement, any inIormation disclosed during the
course oI proceedings under this Act by any employer,
employee, trade union, employers` organisation or
Iederation iI

(a) the inIormation was made known to the
Industrial Court or Committee oI Inquiry
only by the disclosure; and


26

(b) the person who made the disclosure
requested, during the proceedings that the
inIormation be withheld Irom publication.

(2) Any person concerned in or present at the
proceedings oI the Industrial Court or oI a Committee oI
Inquiry, who without such consent, discloses any such
inIormation commits an oIIence.

Review oI orders oI
Industrial Court.

26. The Industrial Court shall have powers to
review its orders, awards or judgements.

Appeals against
decision oI the
Industrial Court.

27. (1) Any party to any proceeding beIore the
Industrial Court may appeal to the Court oI Appeal
against any Iinal judgment, award or order oI the
Industrial Court.

(2) Appeals Irom a judgement, award, or
decision oI the Industrial Court shall only lie on matters
oI law.

PART IV COMMITTEE OF INQUIRY

Appointment oI
Committee oI
Inquiry.

28.(1) The Minister, may by notice in the
Gazette, appoint a Committee oI Inquiry to inquire into
any matter which appears to the Minister to be
connected with or relevant to any trade dispute or to
trade disputes in general, or to trade disputes oI any type
or class, whether or not any such dispute has been
reported to the Minister under this Act.

(2) Where the Minister has reIerred any matter to
the Committee oI Inquiry under subsection (1), the
Minister may reIer to the Committee oI Inquiry any other
matter which in his opinion ought to be so reIerred.

(3) A Committee oI Inquiry shall consist oI three


27

or more persons including a chairman, as the Minister
deems Iit to appoint and the Minister may appoint a
public oIIicer to be the secretary oI the Committee oI
Inquiry.

(4) A Committee oI Inquiry consisting oI three
or more persons may act notwithstanding any vacancy in
their number.

Report oI Committee
oI inquiry.

29.(1) A Committee oI Inquiry shall inquire into
and report on any matter reIerred to it under section 28
and shall submit a report on the matter to the Minister.

(2) Subject to section 24, the Minister may order
the publication oI any report made by a Committee oI
Inquiry in whole or in part and in such manner and at
such time as the Minister deems Iit.

PART V LABOUR ADMINISTRATION AND
INSPECTION
Appointment oI
Commissioner Ior
Labour,
Director oI
Employment and other
oIIicers.
30.(1) Subject to the laws governing the public
service, there shall be appointed
(a) a Commissioner Ior Labour;

(b)a Director oI Employment; and

(c) such other oIIicers as may be necessary Ior
purposes oI administration oI laws relating to
labour and employment .

(2) The Minister may designate oIIicers
appointed under sub-section (1) (c)

(a) labour oIIicers;

(b) employment oIIicers; or

(c) medical oIIicers.


28

(3) The persons appointed under subsections (1) and
(2) shall be authorised oIIicers Ior purposes oI this Act.

Appointment oI
Registrar, Deputy
Registrar and
Assistant Registrars
oI trade unions.

31. (1) The Minister shall appoint a Registrar oI
Trade Unions who shall be responsible Ior the
registration and regulation oI trade unions, employer`s
organisations and Iederations.

(2) The Minister may appoint a deputy registrar oI
trade unions, assistant registrars oI trade unions and such
other oIIicers as may be required Ior the purposes oI this
Act.

(3) The Registrar oI Trade Unions shall, in the
exercise oI his powers relating to the registration and
regulation oI trade unions, act on the advice oI the
Board.

Delegation.

32. (1) The Commissioner Ior Labour may, in
writing, delegate to any labour oIIicer any oI the
Commissioner`s powers, Iunctions and duties.

(2) The Director oI Employment may in writing,
delegate to any employment oIIicer any oI the Director`s
powers, Iunctions and duties.

(3) The Registrar oI Trade Unions may, in
writing delegate to the Deputy Registrar or Assistant
Registrars any oI the Registrar`s powers, Iunctions and
duties.

(4) The Commissioner Ior Labour, the Director
oI Employment, and the Registrar oI Trade Unions, as
the case may be, may

(a) attach conditions to a delegation and may
amend or revoke a delegation at any time;
and


29

(b) vary or set aside any decision made by a
person acting on delegation under
subsections (1), (2) and (3).

CertiIicate oI
authority Ior
authorised oIIicer.

33.(1) Every authorised oIIicer shall be issued with
a certiIicate oI authority by

(a) the Commissioner Ior Labour, in the case oI a
labour oIIicer;

(b) the Director oI Employment, in the case oI an
employment oIIicer; and

(c) the Director oI Medical Services, in the case oI
a medical oIIicer.

(2) When perIorming duties under this Act, an
authorised oIIicer, iI reasonably requested to do so by
any person aIIected, shall produce his certiIicate oI
appointment to that person.

Powers oI entry to
premises by
authorised oIIicer.

34.(1) An authorised oIIicer may, either alone or
in the presence oI another person, enter any premises or
place where persons are, or may be, employed Ior the
purpose oI perIorming his duties as speciIied under this
Act or any other labour law.

(2) An authorised oIIicer shall, on the occasion
oI an inspection or visit authorised by or under the
provisions oI this Act, notiIy the employer or his
representative oI his presence Ior that purpose at the Iirst
practicable opportunity, unless it is considered by the
authorised oIIicer concerned that the notiIication may be
prejudicial to the perIormance oI his duties or otherwise
likely to deIeat the object thereoI.

Powers oI labour
oIIicer.

35.(1) A labour oIIicer may, Ior the purpose oI
monitoring or enIorcing compliance with any labour


30

law

(a) require the production oI wage sheets or other
employment records kept by an employer, and
records oI payments made to outworkers by
persons giving out work, and any other such
records as are required by any labour law or
wages order to be kept by employers, and to
inspect and examine those sheets or records
and copy any material part thereoI;

(b) require any person giving out work and any
out-worker to give any inIormation which is in
that person`s power to give with respect to the
names and addresses oI the persons to whom
the work is given or Irom whom the work is
received and with respect to the payments to be
made Ior the work;

(c) inspect and copy any material part oI any list
oI outworkers kept by an employer or other
person giving out work to outworkers; and

(d) examine, either alone or in the presence oI any
other person, with respect to any matter under
Part VI, any person whom the labour oIIicer
has reasonable cause to believe to be or to have
been an employee to whom a wages order
applies or applied or the employer oI any such
person or a servant or agent oI the employer
employed in the employer`s business, and to
require every such person to be so examined
and to sign a declaration oI the truth oI the
matters in respect oI which he is so examined:

Provided that no person shall be required
to give any inIormation that incriminates
him;


31

(e) at all reasonable times, enter, inspect and
examine any land or building, other
structure, whether permanent or temporary
on or in which the labour oIIicer has
reasonable ground to believe that an
employee is residing or is employed, and
may make such inquiry, inspection or
examination as may be necessary to enable
the labour oIIicer to determine whether the
provisions oI this Act or any other labour law
are being complied with;

(I) at all reasonable times, require an employer
to produce an employee employed by him
and a document relating to the employment
oI any employee, and may require an
employee to produce any document relating
to the employee`s employment;

(g) examine and make copies oI a register,
record, book or other document relating or
appearing to relate to employment, and seize
any register, record, book or other document
which he has reasonable ground to believe to
be or to contain evidence oI an oIIence under
this Act or any other labour law;

(h) enter, inspect and examine all latrines and
other sanitary arrangement or water supply;

(i) inspect and examine all Iood provided or
appearing to be provided Ior the employees,
and take samples thereoI in duplicate, in the
presence oI the employer or the employers
representative which samples shall be sealed
and one sample so sealed shall be leIt with
the employer.


32

(j) order that all buildings and premises where
employees are housed or employed be kept in
a clean and sanitary condition;

(k) without prejudice to the powers oI the
Attorney-General, institute proceedings in
respect oI any contravention oI any
provision oI this Act or Ior any oIIence
committed by an employer under this Act or
any other labour law;

(l) institute an appeal on behalI oI any employee
in any civil proceedings by an employee
against his employer in respect oI any matter,
thing or cause oI action arising out oI or in
the course oI the employment, whether such
civil proceedings are contemplated or
instituted by the employee himselI or are
civil proceedings ordered by a magistrate;

m) without prejudice to the institution oI
proceedings in respect oI any oIIence, to
take into custody and return to his parent or
guardian, or other person whom he is
satisIied has Ior the time being the charge oI
or control over him, any child whom he
reasonably suspects to be employed in
contravention oI any oI the provisions oI the
law relating to employment.

(2) Where a labour oIIicer seizes a register, record,
book or other document in the perIormance oI the labour
oIIicer`s duties subsection (1)(g), the labour oIIicer shall
give to the employer or his representative a receipt in
respect oI such register, record, book or other document
in the prescribed Iorm.


33

Powers oI
employment oIIicer.
36.(1) An authorised oIIicer may, Ior the purposes
oI collecting labour market data, exercise the powers
conIerred upon a labour oIIicer by section 25(1) (a) to
(c), (I) and (g).

(2) Where an employment oIIicer seizes a register,
record, book or other document in the perIormance oI
the employment oIIicers` duties, the employment oIIicer
shall give to the employer or his representative a receipt
in respect oI such register, record, book or other
document in the prescribed Iorm.

Powers oI
medical oIIicer.
37. A medical oIIicer may, Ior the purposes oI
this Act, exercise the powers conIerred upon a labour
oIIicer by section 35(1) (e) to (i) inclusive and may, in
addition

(a) order an employee who, in the opinion oI
the medical oIIicer, is sick and Ior whom
the conditions prevailing at the place oI
employment are not conducive to the rapid
recovery oI his health or strength, to return to
the place oI work or to proceed to hospital,
and in that case the employer shall at the
earliest opportunity and at his own expense
send the employee to the place oI work or to
a hospital, as the case may be;

(b) condemn any Iood provided Ior employees
which, in the opinion oI the medical oIIicer,
is unIit Ior human consumption, and all Iood
so condemned shall be destroyed Iorthwith in
the presence oI the medical oIIicer;

(c) order at the expense oI the employer, such
variety oI Iood Ior an employee as he may
deem necessary:


34

Provided that the cost oI the Iood
supplied under any such order shall not
exceed the normal cost oI rations ordinarily
supplied by employers to employees in that
district at the time;

(d) condemn any building or other structure
whether permanent or temporary in which
an employee is residing or is employed, iI in
the opinion oI the medical oIIicer it is unIit
by reason oI its construction, situation or
condition Ior the purpose to which it is put,
whereupon it shall not be used Ior that
purpose until a medical oIIicer has
subsequently certiIied that it may be used Ior
that purpose;

(e) order the employer to supply an employee
working under a written contract oI service
with one or more blankets or with clothing,
and in that case, the reasonable cost thereoI
shall be paid by the employee and may be
deducted Irom the remuneration Ior the
employee, and until the cost has been paid
by, or deducted Irom, the wages oI the
employee, the blanket or blankets or clothing
supplied shall remain the property oI the
employer; or

(I) inspect all drugs and medicine provided Ior
the use oI employees.

Obstructing an
authorised oIIicer.
38. A person who

(a) wilIully obstructs or hinders an authorised
oIIicer in the exercise oI any power
conIerred by this Act or any rules made
under this Act; or


35

(b) neglects or Iails to comply with any
requirement or order made or given by an
authorised oIIicer in pursuance oI any power
conIerred by this Act or any rules made
under this Act,

commits an oIIence and shall on conviction be liable to
a Iine not exceeding one hundred thousand shillings or to
both.

OIIences by
companies etc.
39.(1) Where an oIIence under this Act is
committed by a company, association or body oI
persons, corporate or incorporate or by a public body,
and the oIIence is proved to have been committed with
the consent or connivance, or to have been Iacilitated by
any neglect on the part, oI any director, chairman,
manager, secretary or other oIIicer employed by such
company or association or body oI persons or public
body, that director, chairman, manager, secretary or
other oIIicer shall be deemed to have committed an
oIIence.

(2) In any proceedings under this Act, it shall be
suIIicient in the charge or inIormation to allege the
nature oI any employment to which the charge relates
and to state the name oI the ostensible employer and the
burden oI proving that the employment is not such as
alleged or that the employer`s speciIied in the charge or
inIormation is not the actual employer shall lie upon the
person or public body alleging that Iact.

Evidence.

40. Where an entry is required by this Act to be
made in a register or written record, the entry made by
an employee or on his behalI shall, be admissible as
evidence oI the Iact therein stated.


36

ConIidentiality.

41.(1) Any authorised oIIicer or other person
who is or has been engaged in the administration oI this
Act, who discloses, except Ior the purposes oI the
exercise oI his Iunctions or when required to do so by a
court or under any written law, any inIormation acquired
by him in the exercise or purported exercise oI his
Iunctions under this Act to any other person commits an
oIIence and shall on conviction be liable to a Iine not
exceeding one hundred thousand shillings or to
both.

(2) Subsection (1) shall not apply to a
disclosure oI any inIormation made

(a) Ior the purpose oI any criminal proceedings;

(b) Ior the purpose oI the proper administration
oI this Act; or

(c) in accordance with any written law.

Annual report.

42.(1) The Commissioner Ior Labour and the
Director oI Employment shall, not later than the thirtieth
oI April in each year, prepare and publish an annual
report oI the activities undertaken in their respective
departments.

(2) Without limiting what may be included in the
report oI the Commissioner Ior Labour, the report shall
cover the Iollowing matters

(a) development with regard to relevant laws and
regulations;


37

(b) the staII under the jurisdiction oI the
Commissioner Ior Labour;

(c) statistics oI places oI work to be inspected
and number oI workers employed therein.

(d) Iindings in the course oI inspection;

(e) statistics oI industrial accidents and
occupational diseases;

(I) statistics oI persons with disabilities in work
places and any aids being provided by the
employer;

(g) statistics oI proceedings brought beIore the
Industrial Court or other courts and their
disposal; and

(h) statistics oI stoppages oI work in various
sectors oI the industry.

(3) Without limiting what may be included in the
report oI the Director, the report shall cover the
Iollowing issues

(a) the staII under the jurisdiction oI the
Director;

(b) productivity level; and

(c) labour market inIormation and employment
trends.


38

PART VI WAGES COUNCILS

Establishment oI
wages councils.

43.(1) The Minister, shall establish

(a) a general wages council; and

(b) an agricultural wages council.

Board, in addition to the general wages councils
established under subsection (1), establish a sectoral
wages council iI the Minister is oI the opinion that

(a) the remuneration and other conditions oI
employment oI any category oI employees in
any sector is not adequately regulated by
collective agreements; and

(b) it may be expedient to set minimum wages
and other conditions oI employment in
respect oI employees in those sectors.

(3) The terms oI reIerence oI a wages council
appointed under subsection (2) may be in respect oI

(a) employees in a sector, or part oI a sector,
either nationally or within a speciIic area; or

(b)one or more speciIied categories oI
employees, either nationally or within
speciIic sectors or areas.

(4) The Minister shall establish a wages council by
notice in the gazette

(a) speciIying the terms oI reIerence oI the wages
council;


39

(b)the names oI persons appointed as members
oI the wages council;

(c) stipulating the period in which the wages
council is required to investigate and prepare
a report Ior the Minister; and

(d)inviting representations Irom interested
parties.

(5) A wages council shall consist oI the Iollowing
members appointed by the Minister

(a) a chairperson;

(b) not more than three members nominated by
the Board representing trade unions;

(c) not more than three members nominated by
the Board representing employers; and

(d) not more than three independent members.

(6) A member nominated under subsection (5) (a)
and (d) shall have knowledge and experience in the
determination oI minimum terms and conditions oI
employment.

(7) The agricultural wages council may
recommend to the Minister, minimum remuneration and
conditions oI employment oI employees employed

(a) in the agricultural sector; or

(b) any sector in which no other wages order is
applicable.

(8) A wages council may be appointed Ior a


40

period oI three years.

Board, vary a notice issued under this section.

Functions oI wages
council.

44. The Iunctions oI a wages council are to

(a) investigate the remuneration and
conditions oI employment in any
sector;

(b) invite and consider written and oral
representations, in the prescribed
manner, Irom interested parties; and

(c) make recommendations to the
Minister on minimum wage
remuneration and conditions oI
employment.

(2) Recommendations made to the Minister in
accordance with subsection 1(c) may include
recommendations on any matter that the Minister may
include in a wages order.

(3) In the perIormance oI its Iunctions, a wages
council may

(a) question any person who may be able to
provide inIormation relevant to the
investigation;

(b) in writing, require any person to provide any
inIormation, book, document or object
relevant to the investigation; or

(c) conduct public hearings.


41

(4) A person who without lawIul excuse reIuses
to
(a) answer any question relevant to an
investigation; or

(b) Iurnish any inIormation, book or
document requested by a wages
council.

commits an oIIence.

(5) In the perIormance oI its Iunctions under this
section, a wages council shall take into consideration

(a) the needs oI employees and their
Iamilies, taking into account the general
level oI wages in the country, the cost oI
living, social security beneIits and the
relative living standards oI other social
groups;

(b) economic Iactors, including the
requirements oI economic development,
levels oI productivity and the desirability
oI attaining and maintaining a high level
oI employment and the need to encourage
investment;

(c) the ability oI employers to carry on their
business successIully;

(d) the operation oI small, medium and micro
enterprises;

(e) the cost oI living;

(I) the alleviation oI poverty;


42

(g) the minimum subsistence level;

(h) the likely impact oI any proposed
conditions oI employment on current
employment or the creation oI
employment; and

(i) any other relevant Iactor.

Publication oI draIt
wages order.
45. (1) BeIore publishing a wages order in the
Gazette, the Minister shall publish a notice

(a) speciIying that the Minister proposes to
make a wages order;

(b) speciIying where copies oI a draIt oI the
wages order can be obtained; and

(c) inviting comments within a reasonable
period on the draIt wages order, which may
not be less than thirty days Irom the
publication oI the notice.

(2) The notice speciIied under subsection (1) shall
be published

(a) in the Gazette; and

(b) at least twice, with an interval oI at least
seven but not more than Iourteen days
between each publication, in a newspaper
with a wide circulation.

(3) Any person may submit written comments on
a draIt wages order within the speciIied period.

(4) A person who objects to any part oI a draIt
order shall set out-


43

(a) the speciIic grounds oI objection; and

(b) the deletions, additions or modiIications
proposed.

(5) II no objections are received, the Minister may
publish a wages order in accordance with section 46.

(6) II objections are received, the Minister

(a) shall reIer the objections to the proposed
wages order and any other comments
submitted within the speciIied time period to
the wages council Ior consideration; and

(b) may request the Board to consider and
advice on the objections.

Publication oI wages
order.

46.(1) The Minister may, aIter considering any
Iurther report oI the wages council and any Iurther
advice Irom the Board, publish a wages order.

(2) A wages order shall be

(a) published in the Gazette; and

(b) be laid beIore the National Assembly
within twenty-one days oI publication.

(3) On publishing a wages order, the Minister shall
also publish notices in a newspaper in accordance with
section 45 (2) (b) advising persons where a copy oI the
wages order can be obtained.

Contents oI wages
order.

47.(1) A wages order shall

(a) set minimum rates oI remuneration;


44

(b) speciIy the matters in which an employer
may make deductions Irom employee`s
wages and speciIy the maximum amount
oI deductions;

(c) speciIy the maximum amount which may
be deducted Irom an employee`s wages in
respect oI rations supplied by the
employer;

(d) provide that an employer may only make
a deduction in respect oI rations supplied
iI authorised in writing by a labour
oIIicer;
(e) regulate task based work and piece work;
(I) regulate outwork, casual work and
contract work;
(g) set minimum standards Ior sanitation Ior
employees who reside on the premises oI
their employer; and
(h) regulate any other matter concerning
remuneration or conditions oI
employment.

(3) A wages order may

(a) make diIIerent provisions Ior diIIerent
classes oI employees; and

(b)contain provision Ior the amendment or
revocation oI previous wages orders.


45

Wages Order to
constitute minimum
terms oI conditions
oI employment.

48.(1) Notwithstanding anything contained in this
Act or any other written law

(a) the minimum rates oI remuneration or
conditions oI employment established in a
wages order constitute a term oI employment
oI any employee to whom the wages order
apply and may not be varied by agreement;

(b) iI the contract oI an employee to whom a
wages order applies provides Ior the payment
oI less remuneration than the statutory
minimum remuneration, or does not provide
Ior the conditions oI employment prescribed
in a wages regulation order or provides Ior
less Iavourable conditions oI employment,
then the remuneration and conditions oI
employment established by the wages order
shall be inserted in the contract in substitution
Ior those terms.

(2) An employer who Iails to

(a) pay to an employee to whom a wages
regulation order applies at least the statutory
minimum remuneration; or

(b) provide an employee with the conditions oI
employment prescribed in the order,

commits an oIIence.

(3) II an employer, is Iound guilty oI an oIIence
under subsection (2), the court may in addition to any
other penalty order the employer to pay the employee the
diIIerence between the amount which ought to have been
paid in terms oI the wages order and the amount which
was actually paid.


46

(4) Where proceedings are brought under subsection
(2) in respect oI an oIIence consisting oI a Iailure to pay
remuneration at the statutory minimum remuneration or
to provide an employee with the conditions oI
employment prescribed in the order, then-

(a) iI an employer is Iound guilty oI the
oIIence, evidence may be given oI any
like contravention on the part oI the
employer in respect oI any period during
the twelve months immediately preceding
the date oI the oIIence; and

(b) on prooI oI such contravention, the court
may order the employer to pay the
diIIerence between the amount which
ought to have been paid during that period
to the employee by way oI remuneration
and the amount actually paid:

Provided that evidence shall not be given under
paragraph (a) unless notice oI intention to give such
evidence has been served upon the employer together
with the summons, warrant, inIormation or complaint.

(5) The powers given by this section Ior the
recovery oI sums due Irom an employer to an employee
shall be in addition to and not in derogation oI any right
to recover such sums by civil proceedings:

Provided that no person shall be liable to pay twice
in respect oI the same cause oI action.

Power oI oIIicers to
institute proceedings.

49. Notwithstanding any provision oI any written
law, a labour oIIicer may institute proceedings on behalI
oI and in the name oI an employee Ior the recovery oI a
sum due Irom an employer to an employee by reason oI
the Iailure oI the employer to


47

(a) pay to the employee the statutory minimum
remuneration; or

(b) provide an employee with the conditions oI
employment prescribed in the order.

Meaning oI
remuneration.

50.(1) Any reIerence in this Part to remuneration
shall be construed as a reIerence to the amount paid or to
be paid in cash to the employee by his employer clear oI
any deductions, except any deduction lawIully made

(a) Ior the purpose oI a contribution to any
provident Iund or superannuation scheme;

(b) in respect oI rations supplied by an
employer which the employer is permitted
to make under a wages order;

(c) under any provision oI any other written
law Ior the time being in, Iorce which
provides Ior or permits deductions to be
made Irom an employee`s wages by the
employer; or

(d) at the request in writing oI the employee,
Ior any purpose in which the employer
has no direct or indirect beneIicial
interest.

(2) Any reIerence in this Part to the statutory
minimum remuneration` means the minimum
remuneration prescribed in a wages order.

Employee waiting
Ior work on
employer`s
premises.
51. For the purpose oI calculating the amount due to
an employee employed in any occupation in respect oI
which a wages order has been made, the employee shall
be deemed to have been employed Ior all the time
during which the employee was present on the premises


48

oI the employer iI it is proved to the satisIaction oI the
court that the employee was required to be present by
the employer:

Provided that-

(a) an employee who resides on the premises oI
the employer shall not be deemed to be
employed Ior any time during which the
employee is present on the premises by
reason only oI the Iact that he is so resident;
and

(b) an employee while present during normal
meal times in a room or place in which no
work is being done shall be deemed to be
present Ior a purpose not connected with his
employment.

Employer not to
receive premium.

52.(1) Where an employee to whom a wages
order applies is an apprentice or an indentured learner,
his employer shall not receive directly or indirectly Irom
him, on his behalI or on his account, any payment in the
Iorm a oI premium:

Provided that nothing in this subsection shall
apply to any payment made in pursuance oI any
instrument oI apprenticeship iI such payment is made

(i) not later than Iour weeks aIter the
commencement oI the apprenticeship; or

(ii) at any time with the approval oI a wages
council.

(2) An employer who contravenes this section
commits an oIIence and the court may, in addition to
imposing a Iine, order him to pay to the employee or


49

Records and notices.

other person by whom the payment was made the sum
improperly received in the Iorm oI a premium.

53.(1) The employer oI employees to whom a wages
a wages order applies shall

(a) keep such records as are necessary to show
whether or not the employer is complying
with the wages order; and

(b) retain the records Ior at least three years aIter
the date oI the last entry therein.

(2) An employer shall

(a) exhibit in the prescribed language
and manner such notices as may be
prescribed Ior the purpose oI
inIorming employees oI any
proposed wages order or wages order
aIIecting them; and

(b) give notice in the prescribed manner,
to the employees oI any other matters
as may be prescribed.

(3) An employer who contravenes this section
commits an oIIence.

Criminal liability oI
agent, employer.
54.(1) Where the immediate employer oI an
employee is himselI in the employment oI another
person and that employee is employed on the premises
oI that other person, that other person is Ior the purposes
oI this Part deemed to be the employer oI that
employee jointly with the immediate employer.

(2) Where an employer is charged with an oIIence
under this Part, he shall be entitled, upon inIormation


50

duly laid by him and on giving to the prosecution not
less than three days` notice in writing oI his intention, to
have any other person to whose act or deIault he alleges
that the oIIence in question was due, brought beIore the
court at the time appointed Ior the hearing oI the charge.

(3) II

(a) aIter commission oI the oIIence has been
proved the employer proves that the oIIence
was due to the act or the deIault oI that other
person, that other person may be convicted
oI the oIIence; or

(b) the employer Iurther proves that he has used
all due diligence to ensure that he complied
with the provisions oI this Act, he shall be
acquitted.

(4) Where an employer seeks to rely on the
provisions oI subsection (2)

(a) the prosecution, as well as the person whom
the employer claims to have committed the
oIIence, shall have the right to cross-examine
him iI he gives evidence and to cross-examine
any witnesses called by him in support oI his
case and to call rebutting evidence; and

(b) the court may make such order as it deems Iit
Ior the payment oI costs by any party to the
proceedings to any other party thereto.

(4) Where it appears to a labour oIIicer that an
oIIence has been committed in respect oI which
proceedings might be taken under this Part against an
employer, and the oIIicer is reasonably satisIied that the


51

oIIence oI which complaint is made was due to an act or
deIault oI another person and that the employer could
establish a deIence under subsections (2) and (3), the
oIIicer may cause proceedings to be taken against that
other person without Iirst causing proceedings to be
taken against the employer; and in any such proceedings
the deIendant may be charged with and, on prooI that the
oIIence was due to his act or deIault, be convicted oI the
oIIence with which the employer might have been
charged.

PART VII - EMPLOYMENT AGENCIES

Registration oI
employment
agencies.
55.(1) The Director shall

(a) keep a register oI employment agencies
which have been registered under this Act;
and

(b) perIorm such other Iunctions as are
imposed or conIerred upon the Director by
this Act or any other written law.

(2) No person shall

(a) carry out business as an employment
agency; or

(b) charge or recover any payment in connection
with the procurement oI employment
through an employment agency.

Application Ior
registration.

56.(1) An application Ior the registration oI an
employment agency shall be made to the Director in the
prescribed Iorm.


52

(2) Upon an application made to the Director as
speciIied in subsection (1), and aIter consultation with
the Board, the Director shall grant the application and
issue a certiIicate oI registration to the applicant iI
satisIied that

(a) the applicant is qualiIied to own and manage
an employment agency; and

(b) the premises where the employment agency
will carry out its business are suitable Ior use
as an employment agency.

(3) The Director may have regard to any other
relevant matters in deciding whether the application
should be granted.

(4) The Director may reIuse to grant an application
made under this Act and give reasons Ior his reIusal.

(5) A certiIicate oI registration shall speciIy

(a) the name oI the person to whom the
certiIicate is issued;

(b) the premises at which the business
is to be conducted;

(c) the period Ior which the certiIicate
shall be in Iorce;

(d) the area, including any Ioreign
country, in respect oI which the
business may be conducted;

(e) the class or classes oI person or
employment in respect oI which the
business may be conducted; and


53

(I) any conditions subject to which the
business may be conducted.

(6) The Director may cancel the registration oI an
employment agency or vary the terms or conditions oI
any certiIicate oI registration-

(a) aIter due inquiry and Ior good cause, iI the
Director has notiIied the holder oI the
certiIicate oI his intention to do so, and has
given the holder the opportunity to make
presentations to him, and has considered any
representations which the holder has made;
or

(b) on the application oI the holder oI the
certiIicate.

(7) Any person aggrieved by a decision oI the
Director made in the exercise oI his Iunctions under this
section may appeal against such decision to the
Industrial Court.

Duties oI persons
operating
employment
agencies.

57.(1) Every person who operates or is in charge
oI an employment agency registered under this Act
shall

(a) retain any record which, by regulations
made under this Act, he is required to
keep Ior a period oI three years
subsequent to the occurrence oI the event
recorded;


54

(b) on demand by an employment oIIicer
made at any reasonable time during the
period oI three years speciIied in
paragraph (3), produce the said record Ior
inspection;

(c) Iurnish to the Director such statistical
inIormation at such times and in such
manner as may be prescribed.

(2) No person shall charge or receive in respect oI
anything done or to be done at an employment agency

(a) any Iee or other payment or reward at a
rate higher than that which may, Irom
time to time, be prescribed Ior any
particular area and class oI business; or

(b) any Iee or other payment or reward,
unless provision has been made Ior the
charging oI such Iee, payment or reward
in regulations made under this Act:

Provided that this subsection shall not apply to a
business consultant carrying on business at the same
place as an employment agency in respect oI anything
done in the course oI such business other than the
procurement oI employment Ior clients.

Powers oI
employment oIIicers.

58.(1) An employment oIIicer may, without notice
and at any reasonable time during the day, enter upon
any premises oI an employment agency Ior the purpose
oI conducting any search therein where there are
reasonable grounds Ior believing that such entry or
search is necessary Ior the prevention, investigation or
detection oI an oIIence in terms oI this Part.


55

(2) In the exercise oI the powers conIerred upon
an employment oIIicer by subsection (1), an
employment oIIicer may

(a) require a person conducting an
employment agency to produce any books
or documents which relate to his business
and which are or have been in his
premises or in his possession or custody,
or under his control;

(b) at any place require any person who has the
possession, custody or control oI any
books or documents relating to the
business oI any person who is or was
conducting an employment agency, to
produce the books or documents;

(c) examine and make extracts Irom, and
copies oI, any books or documents
reIerred to in paragraph (a) or (b);

(d) require an explanation oI any entry in any
books or documents reIerred to in
paragraph (a) or (b); or

(e) seize any book or document reIerred to in
paragraph (a) or (b) that, in his opinion,
may aIIord evidence oI the commission
oI an oIIence under this Act.

(3) An employment oIIicer shall in the exercise
oI powers conIerred by the subsection (2) exercise such
reasonable care as to ensure that the smooth and
eIIicient running oI an employment agency is not unduly
interIered with.


56

(4) Every employer whose premises are used as an
employment agency, and every person employed by him,
shall at all reasonable times during the day, Iurnish such
reasonable Iacilities as may be required by an
employment oIIicer Ior entering the premises Ior the
purpose oI inspecting or examining the books and
documents kept in the premises, or Ior making any
inquiry in relation thereto.

(5) No person shall

(a) make a Ialse statement-

(i) in any representation to an
employment oIIicer; or

(ii) when giving evidence to or beIore
an employment oIIicer investigating
a case under this section which that
person knows to be Ialse in any
material particular; or

(b) reIuse to answer any question which an
employment oIIicer, in the exercise oI his
Iunctions under this section, asks him;

(c) reIuse to comply, to the best oI his ability,
with any requirement made by an
employment oIIicer in the exercise oI his
Iunctions under this section; or

(d) hinder an employment oIIicer in the exercise
oI his Iunctions under this section.


57

OIIences.

59.(1) A person who does not comply with

(a) any provision oI this Part; and

(b) the terms or conditions oI any certiIicate oI
registration issued under section 56(2),

commits an oIIence.

Regulations.

(2) Notwithstanding subsection (1), nothing done
to prevent any disruption in the smooth and eIIicient
running oI an employment agency shall be held to be in
contravention oI section 58(4).

60. (1) The Minister may make regulations
necessary Ior the purpose oI giving eIIect to, or Ior the
better administration, oI this Part.

(2) Regulations made under subsection (1) may
provide Ior-

(a) the Iorm in which an application is to be
made Ior a certiIicate oI registration;

(b) the Iee to be paid Ior a certiIicate oI
registration or copies thereoI;

(c) the Iees which may be charged in respect
oI the business oI an employment agency;

(d) the surrender oI certiIicates oI registration
where the conditions thereoI are to be
varied or where such certiIicates are to be
cancelled;

(e) the records to be kept in respect oI an
employment agency;


58

(I) the qualiIication oI the proprietor or
persons running the employment agency;
and
(h) the nature and Iorm oI security to be given
by the proprietor oI the employment
agency Ior any recruitment oI employees
under this Part.

PART VIII MISCELLANEOUS PROVISIONS

General penalty.

61. A person, who contravenes any provision oI
this Act Ior which no penalty is speciIically provided
shall be liable to a Iine not exceeding IiIty thousand
shillings or, to imprisonment Ior a term not exceeding
three months or to both.

Rules.

62.(1) The Minister may, aIter consultation with
the Board, make rules Ior the better carrying into eIIect
oI the provisions oI this Act, and in particular but
without prejudice to the generality oI the Ioregoing may

(a) prescribe anything which under this Act is to
be or may be prescribed; or

(b) provide Ior the powers oI a wages council to
enIorce the attendance oI witnesses and to
take evidence on oath or otherwise on any
matter concerned with the subject oI an
inquiry under this Act;

Repeal oI Cap. 229,
transitional and
savings provision.
63.(1) The Regulation oI Wages and Conditions oI
Employment Act is repealed.

(2) Any regulation or other instrument made or
issued under the Regulation oI Wages and Conditions oI
Employment Act shall continue to have eIIect as iI such
regulation or other instrument were made or issued under


59

this Act.

(3) The persons who, at the commencement oI
this Act are Judges oI the Industrial Court and members
oI the Industrial Court shall be deemed to have been
appointed under this Act

(4) For the greater certainty and subject to
subsection (3), the persons reIerred to in subsection (3)
shall have and may exercise and perIorm all the powers
and Iunctions oI a judge or member oI the Industrial
Court as the case may be.

(5) Every person who at the commencement oI
this Act is an employee oI the Industrial Court (not then
being under notice oI dismissal or resignation) shall, on
that day and subject to this Act, be deemed to be an
employee oI the Industrial Court on the same terms and
conditions.

Existing laws.
64. Any written law relating to the regulation oI
labour matters shall have eIIect subject to modiIication
as may be necessary to give eIIect to this Act, and where
the provisions oI any law conIlict with the provisions oI
this Act, the provisions oI this Act shall prevail.

SCHEDULE (s.6)

PROVISIONS RELATING TO THE CONDUCT OF BUSINESS
AND AFFAIRS OF THE BOARD

Tenure oI oIIice and
conduct oI business
oI the Board.
1. (1) The chairman oI the Board shall hold oIIice
Ior a term oI three years and shall be eligible Ior re-
appointment Ior one Iurther term oI three years.

(2) Other than ex-oIIicio members, a member oI


60

the Board shall, subject to the provisions oI this
section, hold oIIice Ior a period not exceeding three
years on such terms and conditions as may be speciIied
in the instrument oI appointment, and shall be eligible
Ior re-appointment Ior one Iurther term oI three years.

(3) A member other than the chairman or an ex-
oIIicial member may

(a) at any time resign Irom oIIice by notice in
writing to the minister ;

(b) be removed Irom oIIice by the Minister iI
the member

(i) has been absent Irom three consecutive
meetings oI the Board without the
permission oI the chairman;

(ii) is adjudged bankrupt or enters into a
composition scheme or arrangement
with his creditors;

(iii) is convicted oI an oIIence involving
Iraud or dishonesty;

(iv) is convicted oI a criminal oIIence and
sentenced to imprisonment Ior a term
exceeding six months or to a Iine
exceeding ten thousand shillings;

(v) is incapacitated by prolonged physical
mental illness;

(vi) is Iound to have acted in a manner
prejudical to the aims and objectives oI
this Act;


61

(vii) Iails to comply with the provisions oI
this Act relating to disclosure; or

(viii) is otherwise unable or unIit to
discharge his Iunctions as a member oI
the Board.

(4) The Minister may remove a member
nominated by a Iederation oI trade unions or employers
only aIter consultations with the Iederation that
nominated the member.

(5) II a member oI the Board is removed under
subsection (4), the Minister shall Iill the vacancy Irom
nominations submitted by the Iederation that made the
initial nomination.

Meetings oI the
Board.
2.(1) The Board shall meet not less than Iour
times in every Iinancial year, and not more than Iour
months shall elapse between the date oI one meeting
and the date oI the next meeting:

Provided that the chairman may call a special
meeting oI the Board at any time where the chairman
deems it expedient Ior the transaction oI the business oI
the Board.

(2) Other than a special meeting, or unless three
quarters oI members agree, at least Iourteen days`
written notice oI every meeting oI the Board shall be
given to every member oI the Board by the secretary.

(3) The quorum Ior the conduct oI business oI the
Board shall be halI oI the members` and unless a
unanimous decision is reached, decisions shall be by a
majority vote oI the members present, and in the case
oI an equality oI votes, the chairman or the person
presiding shall have a casting vote.


62

(4) The chairman shall preside over all meetings oI
the Board, in which the chairman is present, but in his
absence, the vice-chairman shall preside, and in his
absence the members present shall elect one oI their
number who shall, with respect to that meeting and the
business transacted thereat, have all the powers oI the
chairman.

(5) At the Iirst meeting oI the Board, the
members shall elect a vice-chairman, not being a public
servant, Irom among its members.

Disclosure oI
interests.
3.(1) II a member is directly or indirectly
interested in any contract, proposed contract or other
matter beIore the Board and is present at the meeting oI
the Board at which the contract, proposed contract or
matter is the subject oI consideration, that member
shall, at the meeting and as soon as practicable aIter the
commencement thereoI, disclose that Iact and shall be
excluded at the meeting at which the contract, proposed
contract or matter is being considered.

(2) A disclosure Ior interest made under this
section shall be recorded in the minutes oI the meeting
at which it is made.

Board may regulate
procedure.
4. Save as provided in this Schedule, the Board
may regulate its own procedure.

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