Article 41 gives every person in Kenya the right to fair treatment at work. This includes the right to fair pay, safe and reasonable working conditions, and the right to join or form a trade union. Employers also have the right to form and join employers' organisations. Every worker additionally has the right to go on strike, and employers have the right to lock out employees — though both rights are regulated by legislation. The Employment Act and the Labour Relations Act give effect to these constitutional rights in specific, enforceable rules.
(1)Every person has the right to fair labour practices.
(2)Every worker has the right—
(a)to fair remuneration;
(b)to reasonable working conditions;
(c)to form, join or participate in the activities and programmes of a trade union; and
(d)to go on strike.
(3)Every employer has the right—
(a)to form and join an employers organisation; and
(b)to lock out workers in accordance with the Labour Relations Act.
(4)Every trade union and every employers' organisation has the right to—
(a)determine its own administration, programmes and activities;
(b)organise; and
(c)form and join a federation.
(5)Every trade union, employers' organisation and employer is required to disclose information that is necessary for collective bargaining.
(6)Every collective agreement shall provide for a procedure for resolving any dispute arising from the agreement.
Acts that implement this Article
These Acts give specific, enforceable form to the rights established here — courts interpret them in light of Article 41.
Employment Act
In forceGives effect to Article 41(2)(a) and (b) — fair remuneration and reasonable working conditions. Provides specific rules on contracts of service, notice, termination, and wages.
Labour Relations Act
In forceGives effect to Article 41(2)(c), (2)(d), (3)(a), (3)(b), (4), (5) and (6) — trade unions, employers' organisations, collective bargaining, strikes, and lockouts.
Work Injury Benefits Act
In forceGives effect to Article 41(2)(b) — reasonable working conditions — in the specific context of occupational injuries and diseases.
Cases interpreting this Article
Courts that have applied or interpreted Article 41 — organized by court level. All case entries on this prototype are illustrative.
Establishes that Article 41(1) provides an independent constitutional right to fair labour practices, not merely a directive to the legislature.
Holds that the Employment Act must be interpreted consistently with the right to fair labour practices — the constitutional standard informs what "fair" means in the statutory context.
Examines the scope of the constitutional right to strike and the extent to which the Labour Relations Act may regulate — but not eliminate — that right.