Kenya - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Kenya’s overall score is 66 out of 100. The overall score for Kenya is higher than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Kenya ratified Convention No. 98 on the Right to Organise and Collective Bargaining in 1964 but has not ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948).

Labour Rights Index 2022

68/100

LRI Country Score

75/100

Trade Union Indicator

9.7 %

Trade union density rate (%)

9.7 %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

4

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1 §41, Constitution of Kenya 2010; §4-14, Labour Relations Act, 2007

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0 §41, Constitution 2010; § 54-61, Labour Relations Act 2007

No Violation Found

Does the law provide for the right to strike?

No

0 §41, Constitution 2010; §76-81 & fourth schedule, Labour Relations Act 2007

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1 §79(3) of the Labour Relations Act 2007

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

No Violation

Violations

National Labour Legislation

§81 & fourth schedule of the Labour Relations Act 2007

Essential services. 81.(1) In this Part “essential services” means a service the interruption of which would probably endanger The Labour Relations Act, 2007
66 the life of a person or health of the population or any part of the population.
(2) The Minister, after consultation with the Board–
(a) shall from time to time, amend the list of essential services contained in the Fourth Schedule ; and
(b) may declare any other service an “essential service” for the purpose of this section if a strike or lock-out is so prolonged as to endanger the life, person or health of the
population or any part of the population.
(3) There shall be no strike or lock-out in an essential service.
(4) Any trade dispute in a service that is listed as or is declared to be an essential service may be adjudicated upon by the Industrial Court.
FOURTH SCHEDULE (S 81)

ESSENTIAL SERVICES
1. Water Supply Services
2. Hospital Services
3. Air Traffic Control Services and Civil Aviation Telecommunications Services
4. Fire Services of the Government or Public Institutions
5. Posts Authority and Local Government Authorities
6. Ferry Services

Violations

No Violation