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The Functioning of the Kenyan Industrial Court

Published online by Cambridge University Press:  11 November 2008

John L. Brown  and
J. Douglas Muir
John L. Brown
Affiliation:
Faculty of Business Administration and Commerce, University of Alberta, Edmonton1
J. Douglas Muir
Affiliation:
Faculty of Business Administration and Commerce, University of Alberta, Edmonton1
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Extract

In 1964, in response to a growing number of strikes, the recently-formed independent Government of Kenya established a new method of resolving industrial conflict. The purpose of this short article is to describe the operation and effects of the Kenyan Industrial Court, and to draw attention to some features that have affected its efficient operation.

Type
Africana
Information
The Journal of Modern African Studies , Volume 14 , Issue 4 , December 1976 , pp. 700 - 705
Copyright
Copyright © Cambridge University Press 1976

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References

page 700 note 2 For a more detailed description of Kenya's industrial relations system, see Muir, J. Douglas and Brown, John L., ‘Labour Legislation and Industrial Disputes: the Kenyan case’, in British Journal of Industrial Relations (London), XIII, 3, 11 1975, pp. 334–45Google Scholar, and also ‘Trade Union Power and the Process of Economic Development: the Kenyan example’, in Relations industrielles (Quebec), 29, 3, 1974, pp. 474–96.

page 700 note 3 Amsden, Alice H., International Firms and Labour in Kenya, 1945–1970 (London, 1971)Google Scholar.

page 701 note 1 Tripartite Agreement, Measure for the Immediate Relief of Employment, 10 February 1964, section C.

page 701 note 2 Government of Kenya, Trade Disputes Act, 1965, section III, 10(c).

page 702 note 2 The distinction made here between ‘rights’ and ‘interests’ is for purposes of analysis, and is not followed by the Industrial Court.

page 704 note 1 Ministry of Finance and Planning, ‘Guidelines in the Determination of Wage Awards’, Nairobi, 29 August 1973.

page 704 note 2 Ministry of Labour, ‘Guidelines for Wages and Salaries’, 5 December 1973.

page 705 note 1 Cf. the 1949 resolution of the Fourth Conference of American Member-States of the I.L.O. that labour courts should be established on a permanent basis, completely independent of the executive authorities.