CAP. 226
[Rev. 2012]
Employment
(2) Nothing in this Act shall prevent an employer or employee from being
proceeded against according to law for an offence punishable under any other
law in force.
(3) No employer or employee shall be punished twice for the same offence.
89. Savings of contracts of service made abroad
(1) Nothing in this Act shall prevent an employer or employee from enforcing
their respective rights and remedies for any breach or non-performance of a
lawful contract of service made outside Kenya, but the respective rights of the
parties under that contract as well against each other as against third parties
invading those rights may be enforced in the same manner as other contracts.
(2) Where a contract has been executed in conformity with this Part, it shall
be enforced in the same manner as a contract entered into under this Act, but no
written contract, tenor and execution of which are not in conformity with this Act
shall be enforced as attains an employee who is unable to read and understand
the contract and any such contract shall be deemed to be executed in conformity
with this Act if it is signed by the names or marks of the contracting parties and
bears, as concerns any illiterate parties, an attestation to the like effect as if
prescribed by this Act.
(3) Where a contract is made in a foreign country, the contract shall be
attested by a judge or magistrate, and shall be authenticated by the official seal
of the court to which the judge or magistrate is attached.
90. Limitations
Notwithstanding the provisions of section 4(1) of the Limitation of Actions Act
(Cap. 22), no civil action or proceedings based or arising out of this Act or a
contract of service in general shall lie or be instituted unless it is commenced
within three years next after the act, neglect or default complained or in the case
of continuing injury or damage within twelve months next after the cessation
thereof.
PART XIII – MISCELLANEOUS PROVISIONS
91. Rules
(1) The Minister may, after consultation with the Board, make rules providing
for all or any of the purposes, for the administration of this Act or that may be
necessary or expedient for carrying out the objects or purposes of this Act, and,
without prejudice to the generality of the foregoing, for all or any of the following
purposes—
(a)
prescribing anything which under this Act is to be or may be
prescribed;
(b)
the conditions under which employees may be housed or employed,
including sanitary arrangements and water supply;
(c)
the feeding of employees in cases where food is to be supplied by
the employer under the contract of service, including the quantity,
variety and kind of food to be supplied;
(d)
regulating the care of sick and injured employees;
[Issue 1]
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