ADVOKS GLOBAL · KENYA
Labour Relations Act
28. Cancellation or suspension of registration
Edition: 2022-12-31 · In force
28. Cancellation or suspension of registration
(1)The Registrar shall cancel or suspend the registration of a trade union, employers’ organisation or federation if—(a)the trade union, employers organisation or federation is dissolved; or(b)the Registrar is satisfied that the trade union, employers’ organisation or federation has ceased to exist.(2)The Registrar may cancel or suspend the registration of a trade union, employers’ organisation or federation if the Registrar is satisfied that the trade union, employers’ organisation or federation—(a)was registered as a result of fraud, misrepresentation or mistake;(b)is operating in contravention of this Act;(c)is being used for an unlawful purpose;(d)has failed to conduct elections in accordance with the requirements of this Act; or(3)The Registrar shall not cancel or suspend registration of a trade union, employers’ organisation or federation under subsection (2), unless the Registrar has—(a)given the trade union, employers’ organisation or federation at least two months notice of his intention to suspend or cancel its registration in Form M set out in the Second Schedule; and(b)considered any representations made by the trade union, employers’ organisation or federation within that two month period.(4)If the Registrar cancels or suspends the registration of a trade union, employers’ organisation or federation, the Registrar shall—(a)notify it of that decision in Form N set out in the Second Schedule; and(b)give reasons for the decision.(5)A trade union, employers’ organisation or federation may appeal against a decision of the Registrar to the Employment and Labour Relations Court.