ADVOKS GLOBAL · KENYA
Labour Relations Act
78. Prohibited strikes or lock-outs
Edition: 2022-12-31 · In force
78. Prohibited strikes or lock-outs
(1)No person shall take part in a strike or lock-out or in any conduct in contemplation of a strike or lock-out if—(a)any law, court award or a collective agreement or recognition agreement binding on that person prohibits a strike or lock-out in respect of the issue in dispute;(b)the subject matter of the strike or lock-out is regulated by a collective agreement or recognition agreement binding on the parties to the dispute;(c)the parties have agreed to refer the trade dispute to the Employment and Labour Relations Court or to arbitration;(d)in the case of a dispute concerning the recognition of a trade union, the trade union has referred the matter to the Employment and Labour Relations Court;(e)the trade dispute was not referred for conciliation in terms of—(ii)a collective agreement providing for conciliation;(f)the employer and employees are engaged in an essential service;(g)the strike or lock-out is not in furtherance of a trade dispute; or(h)the strike or lock-out constitutes a sympathetic strike or lock-out.(2)For the purposes of this section—(a)an employee engages in a sympathetic strike if the employee participates in a strike in support of a trade dispute in respect of which the employee’s employer—(i)is not a party to the dispute; or(ii)is not represented by an employer’s organisation that is a party to that dispute; or(b)an employer engages in a sympathetic lock-out if the employer locks- out an employee in support of a trade dispute—(i)to which the employer is not a party; or(ii)in respect of which the employer is not represented by an employer’s organisation that is a party to dispute.