EVOLUTION OF LABOUR LAW IN KENYA: HISTORICAL AND EMERGING ISSUES

Olayo Julius Ochieng PhD () and Lewis Kinyua Waithaka ()

International Journal of Law and Policy, 2019, vol. 4, issue 1, 1 - 14

Abstract: Purpose: This paper sought to evaluate the evolution of labour law in Kenya focusing on the historical and emerging issues. Methodology: The study adopted desk based methodology. Specifically, the paper identified documentary evidence in the form of already completed studies that focused on evolution of labour law and the emerging issues. This paper is divided into two parts. The first part looked at the historical evolution of labour laws in Kenya. It then proceeded to critically analyze how the historical progress has failed to inform us on dynamics such as globalization, poverty, unemployment and underemployment, and technological advancement facing the labour market. Due regard was given to this factors in relation to social-economic rights, human rights and the accepted international labour standards. The second part discussed three contemporary issues facing the labour market. Emphasis was placed on the industrial strikes, unemployment, and retrenchment and outsourcing. Additionally, the paper evaluated how labour institutions such as National labour board, Committee of Inquiry and employment agencies have underperformed in their duties, and recommended how they can be more proactive. Finally, the paper concluded by underscoring the importance of labour in a global world in promoting social-economic rights. Findings: The paper concluded that the contemporary issues have reshaped our thinking of the laws, the issues include rise in industrial strikes, employment and retrenchment. The world having turned into a global village, labour forms a key component that needs to be protected by the laws. Ensuring social-economic rights are realized shall promote sustainable human development, equity and dignity. Unique Contribution to Theory, Practice and Policy: The Employment and labour relations court has been faced with a bulk of cases. It is high time the National labour Board advice the minister on the importance of adopting alternative dispute resolution mechanism to resolve labour disputes. This mechanism will complement the court on its work.

Keywords: Evolution; Labour Law; International Labour Organization (search for similar items in EconPapers)
Date: 2019
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