ADVOKS GLOBAL · KENYA
Labour Relations Act
26. Amalgamation of trade unions, employers’ organisations or federations
Edition: 2022-12-31 · In force
26. Amalgamation of trade unions, employers’ organisations or federations
(1)A registered trade union, employers’ organisation or federation may amalgamate with one or more registered trade unions or employers’ organisations, as the case may be.(2)An amalgamation of trade unions, employers organisation or federation may occur without a dissolution or division of the funds of the amalgamating trade unions, employers’ organisations or federations.(3)An amalgamation under this section may only occur if—(a)each of the amalgamating trade unions, employers’ organisations or federations has conducted a secret ballot in compliance with any prescribed requirements;(b)at least fifty per cent of the members of each trade union, employers’ organisation or federation entitled to vote have voted; and(c)the number of members who vote in favour of the proposed amalgamation exceeds by at least twenty percent the number of members who vote against the amalgamation.(4)Notice of a proposal to amalgamate a trade union, employers’ organisation or federation shall be in Form G set out in the Second Schedule and shall be signed by the authorized representative of each party to the amalgamation.(5)If the amalgamated trade union, employers’ organisation or federation proposes to represent members in more than one sector, the Registrar may only register the amalgamated trade union, employers’ organisation or federation if satisfied that the constitution contains suitable provision to protect and promote the respective sectoral interests of employees or employers.(6)Where the amalgamated trade union, employers’ organisation or federation is registered under this Act, the Registrar shall—(a)issue a certificate of amalgamation in Form H set out in the Second Schedule; and(b)remove the amalgamating trade unions or employers’ organisations from the relevant register.(7)The Registrar may not register the amalgamated trade union, employers’ organisation or federation if its name is the same or sufficiently similar to that of an existing union, organisation or federation so as to be likely to mislead or cause confusion.(8)Where the Registrar has registered an amalgamated trade union, employers’ organisation or federation—(a)all the assets, rights, obligations and liabilities of the amalgamating trade unions, employers’ organisations or federations devolve upon and invest in the amalgamated trade union, employers’ organisation or federation; and(b)the amalgamated trade union, employers’ organisation or federation succeeds the amalgamating trade union, employers’ organisations or federations in respect of—(i)any right that the amalgamating trade unions, employers’ organisations or federations enjoyed;(ii)any fund established under this Act or any other law;(iii)any court proceedings, court order, arbitration award or collective agreement or other agreement;(iv)any written authorization by a member for the periodic deduction of levies or subscription due to the amalgamating organisation; and(v)any notice by the Cabinet Secretary in respect of the deduction of trade union subscriptions as specified in Part VI.