ADVOKS GLOBAL · KENYA
Labour Relations Act
65. Cabinet Secretary to appoint conciliators
Edition: 2022-12-31 · In force
65. Cabinet Secretary to appoint conciliators
(1)Within twenty-one days of a trade dispute being reported to the Cabinet Secretary as specified under section 62, the Cabinet Secretary shall appoint a conciliator to attempt to resolve the trade dispute unless—(a)the conciliation procedures in an applicable collective agreement binding on the parties to the dispute have not been exhausted; or(b)a law or collective agreement binding upon the parties prohibits negotiation on the issue in dispute.(2)The Cabinet Secretary may require any party to a trade dispute to supply further information for the purpose of deciding whether to appoint a conciliator.(3)If the Cabinet Secretary refuses to appoint a conciliator as specified in subsection (1), the Cabinet Secretary shall supply the parties to the dispute with written reasons for that decision.(4)Where a party is aggrieved by a Cabinet Secretary’s decision under this section, that party may refer the matter to the Employment and Labour Relations Court under a certificate of urgency.(5)The Cabinet Secretary may consult the Board on any trade dispute, which has been reported for conciliation.