Collective bargaining and the law in Kenya: A study in the Political Economy of the Bargaining Process and its Effects on Wage-Labour
Abstract
This is a study in aspects of the social role
of the law. It focuses on collective bargaining, and investigates
its legal organization in Kenya, and the effect of
the operation of the institution on the material condition
of the working class. Adopting an analytical framework
which derives its theory from Marxism, it is argued that
collective bargaining is an integral part of the mechanism of
capitalism. The benefits which accrue from the institution
to workers are therefore restricted, and accrue only to
the extent that their realisation does not conflict with the
economic and ideological ends of capitalism as a social system,
Chapter one deals with the ideological origins of
collective bargaining, and the development and current content
of its legal organization in Kenya since 1943. From a
specific theoretical perspective, Chapter two analyses the
legal structure of collective bargaining with special
emphasis on the institutional role of the state in the process
of collective bargaining. Chapter three deals with the
effects of collective bargaining on wage-labour. This is
both a recapitulation of the ideological limitations of
collective bargaining as a system of coexistence in industry,
and a guantificationof its material influence on workers.
In Chapter four is given assessments and conclusions
- which are presented as an attempt to chart a
legal theory of collective bargaining.
Citation
A Thesis submitted in part fulfilment for the Degree of Master of Arts in the Department of Literature,University of Nairobi.Publisher
Arts-Literature and linguistics