[Rev. 2012]
CAP. 226
Employment
security by bond in the prescribed form, with one or more sureties resident in
Kenya and approved of by the labour officer for the due performance of the
contract in such sums as the labour officer considers reasonable.
(2) Where the employer has an authorised agent resident in Kenya, the
Minister may require that the security bond specified in subsection (1) be given
by the agent and the agent shall personally be bound by the terms of the bond
notwithstanding the disclosure of his principal.
86. Offence to induce person to proceed abroad under informal contract
A person who—
(a)
employs, engages, or knowingly aids in the employment or
engagement of, a person with the intention that when so employed
or engaged that person shall proceed outside the limits of Kenya; or
(b)
induces or attempts to induce an employee to proceed outside the
limits of Kenya,
unless he has under this Act, duly entered into a foreign contract of service with
that person or employee, as the case may be, commits an offence and shall on
conviction be liable to a fine not exceeding two hundred thousand shillings or to
imprisonment for a term not exceeding six months or to both.
PART XII – DISPUTES SETTLEMENT PROCEDURE
87. Complaint and jurisdiction in cases of dispute between employers and
employees
(1) Subject to the provisions of this Act whenever—
(a)
an employer or employee neglects or refuses to fulfill a contract of
service; or
(b)
any question, difference or dispute arises as to the rights or liabilities
of either party; or
(c)
touching any misconduct, neglect or ill-treatment of either party or
any injury to the person or property of either party, under any
contract of service,
the aggrieved party may complain to the labour officer or lodge a complaint or
suit in the Industrial Court.
(2) No court other than the Industrial Court shall determine any complaint or
suit referred to in subsection (1).
(3) This section shall not apply in a suit where the dispute over a contract of
service or any other matter referred to in subsection (1) is similar or secondary to
the main issue in dispute.
88. General penalty and offences under other laws
(1) A person, other than a child, who commits an offence under this Act, or
contravenes or fails to comply with any of the provisions of this Act for which no
penalty is specifically provided shall be liable to a fine not exceeding fifty
thousand shillings or to imprisonment for a term not exceeding three months or to
both.
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