According to the Constitution of Kenya, an Employer has the Right to form or join employers’ organizations. Article 41 of the Constitution of Kenya 2010 provides that every employer has the right to form and join an employers’ organization.
In Kenya County Government Workers’ Union v County Government of Nyeri & another  eKLR,it was the court’s opinion that the bundle of elements of fair labour practices as elaborated in Article 41(2), (3), (4) and (5) of the Constitution. Under Article 41(2) every worker has the right to fair remuneration; to reasonable working conditions; to form, join or participate in the activities and programmes of a trade union; and to go on strike. Under Article 41(3) every employer has the right to form and join an employers’ organization; and to participate in the activities and programmes of an employers’ organization. http://kenyalaw.org/caselaw/cases/view/116963/
See also: Peter Wambugu Kariuki & 16 others V Kenya Agricultural Research Institute available http://kenyalaw.org/Downloads_FreeCases/93917.pdf