Your basic labour rights under the Constitution
Constitution of Kenya, 2010 · sources read 3 Oct 2026
Under Article 41 of the Constitution, every person has the right to fair labour practices, and every worker has the right to fair pay, reasonable working conditions, to form or join a trade union, and to strike. Employers and unions also have rights, including collective bargaining.
- Deadline
- A court claim under the Employment Act must be filed within 3 years.
- Where
- The area labour office; the Ministry of Labour for trade disputes; the Employment and Labour Relations Court
Steps
- For a problem with your own job (pay, dismissal, conditions), report to the area labour officer, who records it on Form LD 64 and calls a conciliation meeting.
- A union-level (trade) dispute is reported to the Cabinet Secretary for Labour, who appoints a conciliator.
- Disputes that are not settled can go to the Employment and Labour Relations Court, which has the same status as the High Court.
Watch out
- The law may limit these rights for members of the Kenya Defence Forces and the National Police Service.
- Collective bargaining is a right of unions, employers' organisations and employers alike, so pay and terms can be set in a collective agreement.
Who this covers
- Every person: the right to fair labour practices.
- Every worker: fair pay, reasonable working conditions, trade union membership, and the right to strike.
- Every employer: to form and join an employers' organisation.
Official sources (3)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Handling of Labour Disputes labour.go.ke · read 3 Oct 2026
- Employment Act, 2007 (as enacted) labour.go.ke · read 3 Oct 2026