Every person has a right to fair labour practices.

According to the Constitution of Kenya Article 41, every employer has a right to fair labour practices which include the right to form and join an employer’s organization and to participate in the activities and programmes of such employers’ organization.
In Kenya County Government Workers’ Union v County Government of Nyeri& another [2015] eKLR, it was the court’s opinion that the bundle of elements of “fair labour practices” is 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/

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