Critical Analysis Of The Right To Strike In Kenya ;The Balancing Act Between The Constitutional Right To Strike And The Constitutional Right To Economic Social Rights.

Abstract

There is nothing wrong with embarking on a strike. In fact, the right to strike is granted by both the Constitution and the Labour Relations Act. However, what is of great concern is the relationship that exists between strikes and the rampant slowdowns and adverse effects strikes. Among the effects is the fact that the right to strike compromises the right to health. Despite the fact that the Constitution clearly provides for the right to strike in article 41, the Labour Relation Act creates limitations to the right to strike, the conflicting provisions have seen an increase in the number of strikes. The laws ought to be harmonized and sections such as health ought not to be devolved. Thus we need to strike a balance between the two Legislation's or better yet we ought to rewrite article 41 of the Constitution in a more precise manner to give meaning that all those involved in essential services ought not to have a right to strike or have the right limited. Alternatively the Labour Relations Act ought to have providence that a limited number of staff are left behind.