Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
heatmap

Kenya

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Kenya’s overall score is 67.5 out of 100. The overall score for Kenya is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

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 2024

67.5/100

LRI Country Score

50/100

Freedom of Association Indicator

9.70 %

Trade union density rate (%)

9.7 %

Collective bargaining coverage rate (%)

4

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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

Yes

1

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

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

No

0

§41, Constitution 2010; § 54-61, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile)

A,C

Does the law provide for the right to strike?

No

0

§41, Constitution 2010; §76-81 & fourth schedule, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile)

A,C

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§79(3) of the Labour Relation Act, 2007

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §41, Constitution of Kenya 2010; §4-14, Labour Relation Act, 2007

Information

Source: §41, Constitution 2010; § 54-61, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile)

A : National Law

National Labour Legislation

"54.(1) An employer, including an employer in the public sector, shall recognise a trade union for purposes of collective bargaining if that trade union represents the simple majority of unionisable employees. "

C : ITUC

ITUC Global Rights Index (country legal profile)

"A trade union must be recognised as a bargaining agent if it represents a simple majority of employees who could be unionised. This provision also extends to the public sector. Although the new Constitution recognises the right of any trade union to bargain collectively, it is unclear whether this right can be exercised by members of the Prison Service, the National Youth Service, teachers covered by the Teachers' Service Commission, and public sector workers. "

Information

Source: §41, Constitution 2010; §76-81 & fourth schedule, Labour Relation Act 2007; ITUC Global Rights Index 2024 (Kenya Profile)

A : National Law

National Labour Legislation

"65.(1) Within twenty-one days of a trade dispute being reported to the Minister as specified under section 62, the Minister shall appoint a conciliator to attempt to resolve the trade dispute.......67.(1) The conciliator or conciliation committee appointed under section 66 shall attempt to resolve the trade dispute referred to in section 65 (1) within (a) thirty days of the appointment; or (b) any extended period agreed to by parties to the trade dispute......."

C : ITUC

ITUC Global Rights Index (country legal profile)

"According to the First Schedule of the Labour Relations Act, the essential services, in which strikes are strictly prohibited, are as follows:1. Water supply services; 2. Hospital services; 3. Air traffic control services and civil aviation telecommunications services; 4. Fire services of government or public institutions; 5. Postal authority and local government authorities; 6. Ferry services. "If the parties fail to reach an agreement, they must refer the dispute to the Ministry of Labour, which will appoint a conciliator within 21 days. The conciliator will have 30 days to attempt to resolve the dispute, and only after that period can a strike be legally called. Either party may also refer the dispute to the Labour Court if conciliation fails, although not where a union has called a protected strike, i.e. a strike relating to employment issues or union recognition. ""

Information

Source: §79(3) of the Labour Relation Act, 2007