ADVOKS GLOBAL · KENYA
Labour Relations Act
27. Change of name or constitution of trade union, employers’ organisation or federation
Edition: 2022-12-31 · In force
27. Change of name or constitution of trade union, employers’ organisation or federation
(1)A trade union, employers’ organisation or federation may resolve to—(a)change or replace its constitution; or(2)A registered trade union, employers’ organisation or federation may apply to the Registrar to approve a change of name or an amendment to its constitution and rules by submitting to the Registrar—(a)a notice in Form I or Form J, as the case may be, set out in the Second Schedule, duly completed and signed by the secretary;(b)a copy of the resolution containing details of the change; and(c)a certificate signed by the secretary stating that the resolution was passed in accordance with the constitution and rules.(3)Notice of the change specified in subsection (2) shall be submitted to the Registrar within fourteen days of any resolution to change the name or constitution.(4)Upon receipt of the notice of change of name or constitution, the Registrar shall give a notice of at least twenty-one days in the Gazette and in three daily newspapers of national circulation inviting any objections to the proposed change of name or constitution by members of the trade union and where any such objection is raised, the Registrar shall investigate the complaint and the grounds relied upon and may—(a)refer the matter to the Employment and Labour Relations Court;(b)refuse to accept the proposed amendments; or(c)make any orders that he may deem fit in the circumstances.(5)The Registrar may approve a change of name or to the constitution if the applicable requirements of registration of a trade union, employer’s organisation or federation are met.(6)The Registrar shall issue a certificate of change of name or change of the constitution in Form K or Form L, as the case may be, set out in the Second Schedule.(7)Any change of name or change to the constitution and rules of a registered trade union, organisation or federation shall take effect when the Registrar approves the change under this section.(8)A change in the name of a trade union, employers’ organisation or federation does not—(a)affect any right or obligation of that trade union, employers’ organisation or federation;(b)render defective any legal proceedings by or against it and any proceeding instituted under the former name may be continued or commenced by or against it under the new name.(9)Where the Registrar refuses to approve a change under this section, the Registrar shall give written notice of that decision and the reasons for the refusal.