A statement of claim filed under rule 4 shall be accompanied by an affidavit verifying the facts relied on.

Where a claimant, in the course of hearing seeks to adduce additional evidence, the claimant may, with the leave of the Court, file a further affidavit or adduce oral evidence.

Where the trade dispute has been a subject of conciliation and the conciliator has not issued a certificate, the statement of claim shall be accompanied by an affidavit sworn by the claimant or by the representative of that claimant attesting to the reasons why the conciliator has not issued a certificate of conciliation.

Where no conciliation has taken place at all, the statement of claim shall be accompanied by an affidavit sworn by the claimant or by the representative of that claimant attesting to the reasons why the conciliation had not taken place.

Where any written law provides for an appeal to the Court, an aggrieved person shall file a memorandum of appeal with the Court within the time specified for that appeal under the written law.

Where no period of appeal is specified in the written law, an appeal shall be filed within thirty days from the date the decision that is the subject of appeal was delivered.

A memorandum of appeal shall be in Form 1 set out in the First Schedule.

A memorandum of appeal shall be accompanied by copies of all documentary evidence that an appellant wishes to rely on in the appeal and a verifying affidavit.

The Court may decline to hear an appeal where the memorandum of appeal filed is not in the prescribed form.

In a suit where more than one employee is instituting a claim against one employer in respect of breach of contract, the judge may permit one employee and one statement of claim to be filed by a labour officer or by one of the claimants in the suit on behalf of all other claimants.

The claim filed under paragraph (1) shall be proved by the labour officer or by the claimant authorized by the Court.

The statement of claim shall be accompanied by a schedule of the names of other claimants in the suit, their address and descriptions and the details of wages due to or the particulars of any other breaches and reliefs sought by each claimant.

All claims referred to in paragraph (1) shall rank equally between the claimants, and shall be paid in full, unless the amount recovered from the respondent is less than the total amount of the claims with costs.

After payment of the costs, all the claims shall abate in equal proportions among the claimants and be paid accordingly.

The claimants, or any one of them, shall pay any costs given against them in a proportion as the Court shall direct.

The Court shall maintain a separate filing system for claims and appeals.

A party filing a suit shall file six original copies of pleadings under these Rules by depositing them at the registry and pay the prescribed.

Notwithstanding paragraph (2), the Court may, depending on the number of parties, require a party to file additional copies of any pleading.

A party shall indicate the physical and mailing address of that party on all filed pleadings.

The Court shall allocate a cause number or appeal number to a statement of claim or appeal at the time of filing.

Where a party intends to file a pleading in more than one cause or appeal, the party shall submit a sufficient number of copies for each cause or appeal.

The claimant shall, after filing a statement of claim or an appeal as the case may be, cause the statement of claim or appeal to be served on the respondent by a qualified process server.

The Court shall issue summons in Form 2 set out in the First Schedule.

A claimant shall serve the summons issued under paragraph (1) to the respondent together with the statement of claim or the appeal.

Where a respondent files pleadings in response to any pleading filed by a claimant or an appellant, the respondent shall have the pleadings served on the claimant or the appellant by a qualified process server within fourteen days of filing.

A party shall, upon effecting service of pleadings on any other party, prepare and file in Court an affidavit of service in Form 3 set out in the First Schedule.

An affidavit of service shall be accompanied by evidence of acknowledgement of receipt of the served document signed by the recipient, respondent, claimant or appellant as the case may be or the persons accepting service on their behalf.

If for any reason the signature of the recipient cannot be secured, the process server shall state so in the affidavit of service.

Where service of pleadings under these Rules is effected through the post, the affidavit of service shall be accompanied by the certificate of mailing.

The Court may effect service on behalf of any party upon, request in writing, made by the party in Form 4 as set out in the First Schedule and upon payment of a prescribed fee.

Notwithstanding anything contained in this Rule, a party may, with leave of the Court, effect service of process by any other method of service.

If a party served with a statement of claim or a memorandum of appeal intends to respond to the claim or appeal the party shall, within fourteen days from the date of service file and serve a response to the claim or appeal.

A party may respond to an application by filing grounds of opposition to the application verified by an affidavit.

The Court may, on application by a party to any proceedings, extend or reduce the time within which a responding party may respond to a pleading.

A pleading shall be divided into paragraphs numbered consecutively, each allegation being so far as appropriate contained in a separate paragraph.

Dates, sums and other numbers shall be expressed in figures and not words save for where a party is quoting a passage from a secondary document.

A party may through pleadings raise any point of law or quote any provision, statement or principle of law.

Pleadings may contain evidence:

Provided that the Court may require the evidence to be verified by an affidavit or sworn oral evidence.

A party may, by notice, object to a pleading stating grounds of objection:

Provided that no objection may be raised to any pleading on the ground of any want of form.

A party may, with the leave of the Court, amend pleadings:

Provided that where leave is granted to a party to amend any pleading, a responding party shall have a corresponding right of to amend that party’s pleadings.

Where the Court, on its own motion or on application by a party, is satisfied that a pleading does not adequately set the particulars required by the Court, or for any other reason the Court requires clarification of any pleading or submission by a party, the Court may request the party to provide further details as it may consider necessary within such period as it may determine or specify.

A party requested to provide further details shall provide to the Court and the other party the details required.

A party shall notify the Court when submitting a statement of claim or a response to a statement of claim under rule 4 and rule 11(1) of any witnesses a party proposes to call in support of that party’s submissions and shall, at the same time notify the other party of the same.

A party may, with the leave of the Court, call other witnesses.

An interlocutory application shall be by notice of motion and shall be heard in an open Court.

A party shall, before filing a motion, notify all the parties of the intended motion:

Provided that the Court may, if satisfied that the delay caused by proceedings in the ordinary way would cause irreparable or serious mischief, may make an order ex parte upon terms as to costs or otherwise and subject to such undertaking, if any, as the Court considers just, and a party affected by that order may move to set it aside.

In a suit where an injunction is sought, a claimant or an applicant may, irrespective of whether he is seeking compensation, any time after the commencement of the suit apply to the Court for an interim or temporary injunction to restrain the respondent from committing a breach of contract or an injury complained, or any injury of a like kind arising out of the same contract or relating to the same property or right.

Where an application is made to the Court under paragraph (3) for a temporary or an interim injunction, the Court may, by order, grant an injunction on such terms as the Court thinks fit.

A notice of motion shall state in general terms the grounds of the application and where the motion is supported by an affidavit, both the notice of motion and a copy of the affidavit shall be served.

Where a motion or any other application is served either without a hearing date or more than seven days before the date fixed for its hearing, a respondent who wishes to oppose the application shall, within seven days of service, file and serve on the applicant, in addition to any affidavit, a statement of the grounds upon which the respondent will oppose the application.

Where the subject matter of a suit can be disposed by hearing and determining the suit without prejudicing the applicant, the Court may discourage interlocutory proceedings.

Where a party intends to rely on a document that has not been identified in a verifying affidavit filed as part of the pleading or where no verifying affidavit is filed, a party shall make sufficient copies of each document for the Court and serve the other party with a copy before the case is set down for hearing.

A party shall submit to the Court original documents or where the original is not available, a certified copy of the original.

The Court may, on its own motion and where considers it fit, serve a pleading on any other party whom it is satisfied may be interested in the matter being considered.

The Court may summon any person or expert for the purposes of an examination of facts and full adjudication of a dispute.

A party may request the Court that a particular expert, if any, who took part in and is conversant with particulars of any matter in issue makes representation in writing or be called upon to attend the hearing of the case and give evidence.

The Court may serve the parties in a suit with pleadings and documents.

The Court shall encourage parties to proceedings before it to enter into conciliation, negotiations and agreements and where a consensus is reached, consent to that effect shall be recorded by the Court at any time before conclusion of the hearing of the proceedings and the Court shall adopt the consent reached by the parties as its own ruling in that matter.

The Court may, on its own motion or at the request of a party, summon for examination of any person who has information relevant to any of the issues before the Court.

The Court may direct the party at whose request summons is issued to pay, at a reasonable rate determined by the Court, witness fees, travel and subsistence allowances to a person summoned to appear before the Court.

The Court may administer an oath or accept an affirmation from a person summoned to give evidence before it.

Witness summons shall be in Form 5 set out in the First Schedule.

The Court shall, with due regard to the convenience of all parties, fix a date, time and place for hearing.

The Court not less than twenty-one days before the date fixed for hearing, cause to be sent to each party a hearing notice specifying the date, time and place of hearing:

Provided that the Court may for reasons to be recorded, fix an earlier hearing date or may proceed with a case on priority basis.

The Court shall give directions as may be necessary to enable the parties to prepare for the hearing.

The Court shall, at the beginning of the hearing, explain the order of the proceedings which the Court proposes to adopt.

The Court shall not be bound by rules of evidence under the Evidence Act (Cap. 80):

Provided that the claimant or the appellant shall be given the first opportunity to present that claimant’s or that appellant’s case.

Evidence before the Court may be given orally or if the Judge so orders, by affidavit or a written statement and the Court may at any stage of hearing, require the attendance of a deponent or an author of a written statement if the attendance is required for the purposes of examination of the facts deponed or written.

The Court shall conduct the hearing in a manner it considers most suitable to the just handling and recording of proceedings and shall, if appropriate, avoid legal technicalities and formalities.

The Court may use electronic modes of presentation and recording of evidence.

The Court may require a witness to give evidence on oath or affirmation and the Court may, for that purpose, administer the oath or the affirmation.

The Court may at its own request or at the request of a party to a suit be provided with visual demonstration facilities for the display of any maps, photographs, charts, diagrams and demonstrations or illustrations of texts and any other documents that are to be used for the purposes of making a finding in the matter for determination before it.

Upon completion of the hearing and presentation of the facts and evidence and statements by parties, witnesses and experts, if any, the Court shall declare the hearing closed.

The Court shall not re-open hearing or review facts unless it, for sufficient reason, considers it fit to do so or as provided for in rule 32(1).

Upon hearing all facts and evidence and the consideration of the matters in question, the parties may orally submit or file written submissions, summing up their respective cases before the Court.

Where written submissions are made, three original copies of the submission shall be filed with the Court and additional copies served on each party to the proceedings.

A decision of the Court shall contain concise statement of facts and the reasons for the decision.

The decision of the Court shall be in writing and signed by the Judge sitting with two members and duly sealed:

Provided that where the parties have, by consent, agreed that the judge sits alone or with one member, the judge sitting or the judge and the sitting member shall sign the award.

A party may appeal against the decision of the Court on matters of law.

The Court shall be guided by section 12(8) of the Act in awarding costs to a party.

The Court shall not award exemplary or punitive costs.

Where a suit involves a liquidated amount that is claimed and specified at the time of filing a statement of claim and the Court orders that the amount claimed or part of the amount be paid to the claimant, the Court may in addition to that order, direct that interest be paid on the liquidated amount awarded at applicable interest rates as if the suit was filed in the High Court.

The Registrar shall cause a record of the proceedings and the decisions of the Court to be made.

The record of the proceedings and decisions of the Court shall be made available to any interested person upon request and upon payment of the prescribed fee.

The record of proceedings and decisions of the Court referred to in paragraph (1) shall be kept in accordance with the provisions of the Act and any other written law governing the keeping of judicial records.

An award, a judgment, a ruling, an order or a decision of the Court certified, signed and sealed by the Registrar shall be conclusive evidence of the existence of the award, the judgment, the ruling, the order or the decision of the Court.

The Registrar shall draw, seal, and issue an order and a decree of the Court.

An order or a decree shall be drawn in accordance with the decision of the Court and shall specify clearly in paragraphs the relief granted and any other determination and costs, if any.

The Registrar shall issue an execution order and a warrant of arrest.

Rules on execution of an order and a decree applicable in the High Court shall be applicable to an order and a decree of the Court.

An application for review of a decree or order of the Court under subparagraphs (b), (c), (d), or (e), shall be made to the judge who passed the decree, or made the order sought to be reviewed.

A party seeking review of a Court decree or order of the Court shall apply to the Court in Form 6 set out in the First Schedule.

An application under paragraph (3) shall be accompanied by a memorandum supporting the application and the Court shall proceed to hear the parties in accordance with section 26 of the Act.

The Court shall, upon hearing an application for review, deliver a ruling allowing the application or dismissing the application.

Where an application for review is granted, the Court may review its decision to conform to the findings of the review or quash its decision and order that the suit be heard again.

An order made for a review of a decree or order shall not be subject to further review.

The Seal of the Court shall be authenticated by the signature of the Registrar.

In the absence of the Registrar, a Deputy Registrar designated by the Principal Judge for that purpose, may authenticate the Seal of the Court.

An employer or an organization of employers that have entered into a collective agreement shall lodge a copy of the agreement with the Minister within fourteen days of its execution.

The Minister shall furnish the Court with a copy of each collective agreement that has been lodged with the Minister pursuant to this Rule, and the Minister may also furnish the Court with such information and comments as the Minister considers necessary.

Where the Minister objects to the registration of a collective agreement, a copy of the agreement furnished to the Court shall be accompanied by a statement of the objection giving reasons for objection.

The Court shall maintain a register of collective agreements that have been accepted by the Court for registration.

A collective agreement shall not take effect until it has been registered by the Court.

A statement of claim filed under rule 4 shall be accompanied by an affidavit verifying the facts relied on.

Where a claimant, in the course of hearing seeks to adduce additional evidence, the claimant may, with the leave of the Court, file a further affidavit or adduce oral evidence.

Where the trade dispute has been a subject of conciliation and the conciliator has not issued a certificate, the statement of claim shall be accompanied by an affidavit sworn by the claimant or by the representative of that claimant attesting to the reasons why the conciliator has not issued a certificate of conciliation.

Where no conciliation has taken place at all, the statement of claim shall be accompanied by an affidavit sworn by the claimant or by the representative of that claimant attesting to the reasons why the conciliation had not taken place.

Where any written law provides for an appeal to the Court, an aggrieved person shall file a memorandum of appeal with the Court within the time specified for that appeal under the written law.

Where no period of appeal is specified in the written law, an appeal shall be filed within thirty days from the date the decision that is the subject of appeal was delivered.

A memorandum of appeal shall be in Form 1 set out in the First Schedule.

A memorandum of appeal shall be accompanied by copies of all documentary evidence that an appellant wishes to rely on in the appeal and a verifying affidavit.

The Court may decline to hear an appeal where the memorandum of appeal filed is not in the prescribed form.

In a suit where more than one employee is instituting a claim against one employer in respect of breach of contract, the judge may permit one employee and one statement of claim to be filed by a labour officer or by one of the claimants in the suit on behalf of all other claimants.

The claim filed under paragraph (1) shall be proved by the labour officer or by the claimant authorized by the Court.

The statement of claim shall be accompanied by a schedule of the names of other claimants in the suit, their address and descriptions and the details of wages due to or the particulars of any other breaches and reliefs sought by each claimant.

All claims referred to in paragraph (1) shall rank equally between the claimants, and shall be paid in full, unless the amount recovered from the respondent is less than the total amount of the claims with costs.

After payment of the costs, all the claims shall abate in equal proportions among the claimants and be paid accordingly.

The claimants, or any one of them, shall pay any costs given against them in a proportion as the Court shall direct.

The Court shall maintain a separate filing system for claims and appeals.

A party filing a suit shall file six original copies of pleadings under these Rules by depositing them at the registry and pay the prescribed.

Notwithstanding paragraph (2), the Court may, depending on the number of parties, require a party to file additional copies of any pleading.

A party shall indicate the physical and mailing address of that party on all filed pleadings.

The Court shall allocate a cause number or appeal number to a statement of claim or appeal at the time of filing.

Where a party intends to file a pleading in more than one cause or appeal, the party shall submit a sufficient number of copies for each cause or appeal.

The claimant shall, after filing a statement of claim or an appeal as the case may be, cause the statement of claim or appeal to be served on the respondent by a qualified process server.

The Court shall issue summons in Form 2 set out in the First Schedule.

A claimant shall serve the summons issued under paragraph (1) to the respondent together with the statement of claim or the appeal.

Where a respondent files pleadings in response to any pleading filed by a claimant or an appellant, the respondent shall have the pleadings served on the claimant or the appellant by a qualified process server within fourteen days of filing.

A party shall, upon effecting service of pleadings on any other party, prepare and file in Court an affidavit of service in Form 3 set out in the First Schedule.

An affidavit of service shall be accompanied by evidence of acknowledgement of receipt of the served document signed by the recipient, respondent, claimant or appellant as the case may be or the persons accepting service on their behalf.

If for any reason the signature of the recipient cannot be secured, the process server shall state so in the affidavit of service.

Where service of pleadings under these Rules is effected through the post, the affidavit of service shall be accompanied by the certificate of mailing.

The Court may effect service on behalf of any party upon, request in writing, made by the party in Form 4 as set out in the First Schedule and upon payment of a prescribed fee.

Notwithstanding anything contained in this Rule, a party may, with leave of the Court, effect service of process by any other method of service.

If a party served with a statement of claim or a memorandum of appeal intends to respond to the claim or appeal the party shall, within fourteen days from the date of service file and serve a response to the claim or appeal.

A party may respond to an application by filing grounds of opposition to the application verified by an affidavit.

The Court may, on application by a party to any proceedings, extend or reduce the time within which a responding party may respond to a pleading.

A pleading shall be divided into paragraphs numbered consecutively, each allegation being so far as appropriate contained in a separate paragraph.

Dates, sums and other numbers shall be expressed in figures and not words save for where a party is quoting a passage from a secondary document.

A party may through pleadings raise any point of law or quote any provision, statement or principle of law.

Pleadings may contain evidence:

Provided that the Court may require the evidence to be verified by an affidavit or sworn oral evidence.

A party may, by notice, object to a pleading stating grounds of objection:

Provided that no objection may be raised to any pleading on the ground of any want of form.

A party may, with the leave of the Court, amend pleadings:

Provided that where leave is granted to a party to amend any pleading, a responding party shall have a corresponding right of to amend that party’s pleadings.

Where the Court, on its own motion or on application by a party, is satisfied that a pleading does not adequately set the particulars required by the Court, or for any other reason the Court requires clarification of any pleading or submission by a party, the Court may request the party to provide further details as it may consider necessary within such period as it may determine or specify.

A party requested to provide further details shall provide to the Court and the other party the details required.

A party shall notify the Court when submitting a statement of claim or a response to a statement of claim under rule 4 and rule 11(1) of any witnesses a party proposes to call in support of that party’s submissions and shall, at the same time notify the other party of the same.

A party may, with the leave of the Court, call other witnesses.

An interlocutory application shall be by notice of motion and shall be heard in an open Court.

A party shall, before filing a motion, notify all the parties of the intended motion:

Provided that the Court may, if satisfied that the delay caused by proceedings in the ordinary way would cause irreparable or serious mischief, may make an order ex parte upon terms as to costs or otherwise and subject to such undertaking, if any, as the Court considers just, and a party affected by that order may move to set it aside.

In a suit where an injunction is sought, a claimant or an applicant may, irrespective of whether he is seeking compensation, any time after the commencement of the suit apply to the Court for an interim or temporary injunction to restrain the respondent from committing a breach of contract or an injury complained, or any injury of a like kind arising out of the same contract or relating to the same property or right.

Where an application is made to the Court under paragraph (3) for a temporary or an interim injunction, the Court may, by order, grant an injunction on such terms as the Court thinks fit.

A notice of motion shall state in general terms the grounds of the application and where the motion is supported by an affidavit, both the notice of motion and a copy of the affidavit shall be served.

Where a motion or any other application is served either without a hearing date or more than seven days before the date fixed for its hearing, a respondent who wishes to oppose the application shall, within seven days of service, file and serve on the applicant, in addition to any affidavit, a statement of the grounds upon which the respondent will oppose the application.

Where the subject matter of a suit can be disposed by hearing and determining the suit without prejudicing the applicant, the Court may discourage interlocutory proceedings.

Where a party intends to rely on a document that has not been identified in a verifying affidavit filed as part of the pleading or where no verifying affidavit is filed, a party shall make sufficient copies of each document for the Court and serve the other party with a copy before the case is set down for hearing.

A party shall submit to the Court original documents or where the original is not available, a certified copy of the original.

The Court may, on its own motion and where considers it fit, serve a pleading on any other party whom it is satisfied may be interested in the matter being considered.

The Court may summon any person or expert for the purposes of an examination of facts and full adjudication of a dispute.

A party may request the Court that a particular expert, if any, who took part in and is conversant with particulars of any matter in issue makes representation in writing or be called upon to attend the hearing of the case and give evidence.

The Court may serve the parties in a suit with pleadings and documents.

The Court shall encourage parties to proceedings before it to enter into conciliation, negotiations and agreements and where a consensus is reached, consent to that effect shall be recorded by the Court at any time before conclusion of the hearing of the proceedings and the Court shall adopt the consent reached by the parties as its own ruling in that matter.

The Court may, on its own motion or at the request of a party, summon for examination of any person who has information relevant to any of the issues before the Court.

The Court may direct the party at whose request summons is issued to pay, at a reasonable rate determined by the Court, witness fees, travel and subsistence allowances to a person summoned to appear before the Court.

The Court may administer an oath or accept an affirmation from a person summoned to give evidence before it.

Witness summons shall be in Form 5 set out in the First Schedule.

The Court shall, with due regard to the convenience of all parties, fix a date, time and place for hearing.

The Court not less than twenty-one days before the date fixed for hearing, cause to be sent to each party a hearing notice specifying the date, time and place of hearing:

Provided that the Court may for reasons to be recorded, fix an earlier hearing date or may proceed with a case on priority basis.

The Court shall give directions as may be necessary to enable the parties to prepare for the hearing.

The Court shall, at the beginning of the hearing, explain the order of the proceedings which the Court proposes to adopt.

The Court shall not be bound by rules of evidence under the Evidence Act (Cap. 80):

Provided that the claimant or the appellant shall be given the first opportunity to present that claimant’s or that appellant’s case.

Evidence before the Court may be given orally or if the Judge so orders, by affidavit or a written statement and the Court may at any stage of hearing, require the attendance of a deponent or an author of a written statement if the attendance is required for the purposes of examination of the facts deponed or written.

The Court shall conduct the hearing in a manner it considers most suitable to the just handling and recording of proceedings and shall, if appropriate, avoid legal technicalities and formalities.

The Court may use electronic modes of presentation and recording of evidence.

The Court may require a witness to give evidence on oath or affirmation and the Court may, for that purpose, administer the oath or the affirmation.

The Court may at its own request or at the request of a party to a suit be provided with visual demonstration facilities for the display of any maps, photographs, charts, diagrams and demonstrations or illustrations of texts and any other documents that are to be used for the purposes of making a finding in the matter for determination before it.

Upon completion of the hearing and presentation of the facts and evidence and statements by parties, witnesses and experts, if any, the Court shall declare the hearing closed.

The Court shall not re-open hearing or review facts unless it, for sufficient reason, considers it fit to do so or as provided for in rule 32(1).

Upon hearing all facts and evidence and the consideration of the matters in question, the parties may orally submit or file written submissions, summing up their respective cases before the Court.

Where written submissions are made, three original copies of the submission shall be filed with the Court and additional copies served on each party to the proceedings.

A decision of the Court shall contain concise statement of facts and the reasons for the decision.

The decision of the Court shall be in writing and signed by the Judge sitting with two members and duly sealed:

Provided that where the parties have, by consent, agreed that the judge sits alone or with one member, the judge sitting or the judge and the sitting member shall sign the award.

A party may appeal against the decision of the Court on matters of law.

The Court shall be guided by section 12(8) of the Act in awarding costs to a party.

The Court shall not award exemplary or punitive costs.

Where a suit involves a liquidated amount that is claimed and specified at the time of filing a statement of claim and the Court orders that the amount claimed or part of the amount be paid to the claimant, the Court may in addition to that order, direct that interest be paid on the liquidated amount awarded at applicable interest rates as if the suit was filed in the High Court.

The Registrar shall cause a record of the proceedings and the decisions of the Court to be made.

The record of the proceedings and decisions of the Court shall be made available to any interested person upon request and upon payment of the prescribed fee.

The record of proceedings and decisions of the Court referred to in paragraph (1) shall be kept in accordance with the provisions of the Act and any other written law governing the keeping of judicial records.

An award, a judgment, a ruling, an order or a decision of the Court certified, signed and sealed by the Registrar shall be conclusive evidence of the existence of the award, the judgment, the ruling, the order or the decision of the Court.

The Registrar shall draw, seal, and issue an order and a decree of the Court.

An order or a decree shall be drawn in accordance with the decision of the Court and shall specify clearly in paragraphs the relief granted and any other determination and costs, if any.

The Registrar shall issue an execution order and a warrant of arrest.

Rules on execution of an order and a decree applicable in the High Court shall be applicable to an order and a decree of the Court.

An application for review of a decree or order of the Court under subparagraphs (b), (c), (d), or (e), shall be made to the judge who passed the decree, or made the order sought to be reviewed.

A party seeking review of a Court decree or order of the Court shall apply to the Court in Form 6 set out in the First Schedule.

An application under paragraph (3) shall be accompanied by a memorandum supporting the application and the Court shall proceed to hear the parties in accordance with section 26 of the Act.

The Court shall, upon hearing an application for review, deliver a ruling allowing the application or dismissing the application.

Where an application for review is granted, the Court may review its decision to conform to the findings of the review or quash its decision and order that the suit be heard again.

An order made for a review of a decree or order shall not be subject to further review.

The Seal of the Court shall be authenticated by the signature of the Registrar.

In the absence of the Registrar, a Deputy Registrar designated by the Principal Judge for that purpose, may authenticate the Seal of the Court.

An employer or an organization of employers that have entered into a collective agreement shall lodge a copy of the agreement with the Cabinet Secretary within fourteen days of its execution.

The Cabinet Secretary shall furnish the Court with a copy of each collective agreement that has been lodged with the Cabinet Secretary pursuant to this Rule, and the Cabinet Secretary may also furnish the Court with such information and comments as the Cabinet Secretary considers necessary.

Where the Cabinet Secretary objects to the registration of a collective agreement, a copy of the agreement furnished to the Court shall be accompanied by a statement of the objection giving reasons for objection.

The Court shall maintain a register of collective agreements that have been accepted by the Court for registration.

A collective agreement shall not take effect until it has been registered by the Court.

An employee who is not provided with a reasonable free housing accommodation by the employer shall be entitled, in addition to the basic minimum wage to housing allowance as follows—

In respect of employees who are employed for a period of time less than one calendar month, the daily rate of housing allowance shall be not less than the following rates—

A employee shall not be paid housing allowance of less than twenty per cent of the employee’s rate of wages.

The basic wage paid to an employee shall not be less than the amount that is specified, in relation to a category of employees and to the area of employment, in the Schedule to these Regulations.

Subject to subsection (1) an employee whose present daily or monthly wage is above wages specified in the Regulation of Wages (Building and Construction Industry) Order, 2004 (now revoked) is entitled to a wage increase of a rate not less than the difference between that present wage and the amount specified in this Order.

The wages shall be paid in arrears and shall become due and payable on or before the first day of the following month and shall be paid in Kenya currency and where an employee is paid daily, weekly or fortnightly, the wages shall be due and payable at the end of the day, end of the week or fortnightly.

In respect of an employee who is employed for a period of less than one calendar month, the wages shall become due and payable on the termination of employment.

The payment of wages shall be done on a working day, during the working hours and at the place of employment and the method or mode of payment of wages shall not in any way prejudice the right of an employee to enjoy any or all fringe benefits stipulated in this Order.

Where an employer pays wages outside working hours, the time spent in paying the wages shall be regarded and paid for as overtime in accordance with provisions of this Order.

The method of conversion of daily rates of wages shall be the monthly wages of the employee divided by twenty-six days.

An employee who is taken by his employer to work in another area shall not be paid less than the basic minimum wage payable in the area where the employer engaged him.

Except watchmen, where an employee is required to work during the night he shall be paid an allowance of five per cent of his basic daily or monthly wage for the night shift.

Where the employee continues his service he shall be paid, at the time of returning to work, a sum equivalent to the actual cost of the return journey from his home to the place of work.

Where an employee has been asked by his employer to be paid in lieu of his annual leave, such an employee shall be entitled to leave travelling allowance.

An employee who is required to perform work away from his principal area of employment shall be entitled to be paid subsistence and accommodation allowances as follows—

The subsistence and accommodation allowance payable under paragraph (1) shall cease to be payable to an employee after thirty consecutive days of absence on duty from his principal area of employment and thereafter an agreement in respect of additional accommodation and subsistence allowance shall be negotiated between the employer and the employee or the employee’s representative.

Machines and tools shall be provided by the employer in an established workshop.

Where the employer does not provide tools, the employee shall be paid a tools allowance if the employee has the tools as specified in the list of the Director of Industrial Training or that the employee has determined to be the necessary tools for the work assigned to the employee, at the following rates—

In the case of painters, brushes will be provided for by the employer.

An employer shall provide the employees with reasonable transport from an agreed point to their working place and from their working place to an agreed point.

For the purpose of this section, an agreed point shall be a point agreed upon between the employer and employee’s representatives.

An employee who falls sick and undergoes medical treatment shall be entitled to reimbursement of the expenses incurred in respect of such medical treatment up to fifteen thousand shillings in a period of twelve months.

Subject to subsection (1), an employer shall not reimburse the cost of medical treatment on production of receipts issued by registered medical practitioners.

An employee who is not provided with a reasonable free housing accommodation by the employer shall be entitled, in addition to the basic minimum wage to housing allowance as follows—

In respect of employees who are employed for a period of time less than one calendar month, the daily rate of housing allowance shall be not less than the following rates—

A employee shall not be paid housing allowance of less than twenty per cent of the employee’s rate of wages.

The basic wage paid to an employee shall not be less than the amount that is specified, in relation to a category of employees and to the area of employment, in the Schedule to these Regulations.

Subject to subsection (1) an employee whose present daily or monthly wage is above wages specified in the Regulation of Wages (Building and Construction Industry) Order, 2004 (now revoked) is entitled to a wage increase of a rate not less than the difference between that present wage and the amount specified in this Order.

The wages shall be paid in arrears and shall become due and payable on or before the first day of the following month and shall be paid in Kenya currency and where an employee is paid daily, weekly or fortnightly, the wages shall be due and payable at the end of the day, end of the week or fortnightly.

In respect of an employee who is employed for a period of less than one calendar month, the wages shall become due and payable on the termination of employment.

The payment of wages shall be done on a working day, during the working hours and at the place of employment and the method or mode of payment of wages shall not in any way prejudice the right of an employee to enjoy any or all fringe benefits stipulated in this Order.

Where an employer pays wages outside working hours, the time spent in paying the wages shall be regarded and paid for as overtime in accordance with provisions of this Order.

The method of conversion of daily rates of wages shall be the monthly wages of the employee divided by twenty-six days.

An employee who is taken by his employer to work in another area shall not be paid less than the basic minimum wage payable in the area where the employer engaged him.

Except watchmen, where an employee is required to work during the night he shall be paid an allowance of five per cent of his basic daily or monthly wage for the night shift.

Where the employee continues his service he shall be paid, at the time of returning to work, a sum equivalent to the actual cost of the return journey from his home to the place of work.

Where an employee has been asked by his employer to be paid in lieu of his annual leave, such an employee shall be entitled to leave travelling allowance.

An employee who is required to perform work away from his principal area of employment shall be entitled to be paid subsistence and accommodation allowances as follows—

The subsistence and accommodation allowance payable under paragraph (1) shall cease to be payable to an employee after thirty consecutive days of absence on duty from his principal area of employment and thereafter an agreement in respect of additional accommodation and subsistence allowance shall be negotiated between the employer and the employee or the employee’s representative.

Machines and tools shall be provided by the employer in an established workshop.

Where the employer does not provide tools, the employee shall be paid a tools allowance if the employee has the tools as specified in the list of the Director of Industrial Training or that the employee has determined to be the necessary tools for the work assigned to the employee, at the following rates—

In the case of painters, brushes will be provided for by the employer.

An employer shall provide the employees with reasonable transport from an agreed point to their working place and from their working place to an agreed point.

For the purpose of this section, an agreed point shall be a point agreed upon between the employer and employee’s representatives.

An employee who falls sick and undergoes medical treatment shall be entitled to reimbursement of the expenses incurred in respect of such medical treatment up to fifteen thousand shillings in a period of twelve months.

Subject to subsection (1), an employer shall not reimburse the cost of medical treatment on production of receipts issued by registered medical practitioners.

If the Director of employment is satisfied that an applicant qualifies to be accredited, the Director of Employment shall issue the certificate upon the payment of the fee specified in the Schedule.

An accreditation certificate issued under these Regulations shall be valid for a period of one year.

Notwithstanding paragraph (2), a certificate of accreditation shall expire on the last day of the calendar year in which it was issued.

If the Director is satisfied that the applicant qualifies for renewal of the Accreditation Certificate, the Director shall issue the renewal certificate upon payment of the prescribed fee.

Accredited agencies shall advertise job vacancies either within their premises, public offices or through the media and the advertisements.