SCHEDULE
PROVISIONS AS TO ARBITRATION
1.Failing agreement by negotiation, arbitration shall be open to the Official Side on the one hand and to the Staff Side on the other hand, on application by either party, in regard to certain matters affecting conditions of service, subject to the limitations and conditions hereinafter defined.2.Where the parties are unable to reach agreement on any claim falling within the limitations set out in this Schedule, either party may refer to arbitration, in accordance with this Schedule, subject to the right of Government to refuse reference to arbitration of any dispute on grounds which the Government has declared to be matter of public policy.3.Disputes relating to salaries in excess of the maximum of the Government’s P.G. 1 Scale for the time being in force shall not be referable except with the agreement of both parties.4.Disputes relating to individual officers or to the salary scales allotted to particular duties shall not be referable.5.Disputes affecting emoluments, weekly hours of work and leave of any or all classes of officers shall otherwise be referable.6.For the purposes of this Schedule, “emoluments” includes pay and allowances of the nature of pay, bonus, overtime rates, subsistence rates and travelling and lodging allowances, and “class” means any well-defined category of officer who, for the purpose of a particular claim, occupy the same position or have a common interest in the claim.7.After an award has been made by an Arbitration Tribunal under this Schedule, a dispute involving substantially the same issues shall not again be referable within a further period of twelve months from the effective date of the award.8.(1) The Official Side and the Staff Side shall forthwith each inform the Cabinet Secretary for the time being responsible for prisons of the names of not less than three nor more than five persons, the appointment of whom as members of arbitration tribunals would be acceptable to them.(2)Such persons shall be persons of standing who are not themselves servants of any East African Government or Administration or officers or members of an association of employees of one of those Governments or Administrations or members of the National Assembly and of all regional assemblies.(3)Both sides shall thereafter keep the Cabinet Secretary informed of any necessary amendments to these panels of names.9.The Arbitration Act (Cap. 49) shall not apply to any reference under this Schedule.10.A dispute within the limits defined in this Schedule may be reported by either party to the Cabinet Secretary for the time being responsible for prisons for reference to an Arbitration Tribunal.11.On receiving such a report the Cabinet Secretary for the time being responsible for prisons shall, having confirmed that the Government does not object to arbitration on grounds of public policy, propose to both parties the name or names of one or more persons whom he considers to be suitable for appointment as chairperson of an Arbitration Tribunal, and he shall thereafter negotiate as may be necessary with both parties until agreement is reached on a recommendation to be made by him to the President for an appointment of a chairperson acceptable to both parties.12.The Cabinet Secretary for the time being responsible for prisons shall, at the same time, select one name from each of the panels of names submitted in accordance with paragraph 8 of this Schedule, and, having confirmed that both persons will be available for the purpose, appoint them as members of a tribunal.13.Where on any reference the members of the Tribunal are unable to agree as to their award, the matter shall be decided by the Chairperson.14.The appointments of the chairperson and members of the Tribunal shall lapse on presentation of their award, except in so far as the Tribunal may be requested to decide any question arising as to the interpretation of the award.15.An endeavour shall be made by both parties to a dispute to agree the terms of reference or the terms of the remit to the Tribunal, but where this is not practicable the respective statements of case shall be set out, and these together will constitute the terms of reference or of remit.16.Neither party shall be represented before a Tribunal except by a civil servant, or in the case of the Staff Side by a bona fide salaried official or member of the Kenya Prisons Service Representative Association, but the Tribunal, should it so desire, may allow more than one representative to speak.17.Arrangements shall be made to secure that, wherever possible, under normal conditions claims are heard within one calendar month of the date on which a dispute is referred to a tribunal.18.The following rules of procedure of an Arbitration Tribunal shall apply, subject to the general jurisdiction of the Tribunal to regulate its own procedure as it thinks fit—(a)the Tribunal shall give the parties at least fourteen days’ notice of the date of hearing;(b)the parties to the reference shall supply to the Tribunal in writing six copies of the statement of their case not later than seven days before the date of hearing;(c)when the copies of the statement of case from parties have been lodged with the Tribunal, a copy shall be sent by the Tribunal to the other side before the date of hearing;(d)the statement of case shall contain the following particulars—(i)the class or classes concerned, and the number of officers in such class or classes;(ii)the nature of the claim, stating whether in respect of emoluments (in pay, allowances of the nature of pay, bonus, overtime rates, subsistence rates, travelling and lodging allowances), weekly hours of work or leave;(iii)where the claim is in respect of emoluments, the present remuneration and bonus (if any) and allowances (if any);(iv)where the claim is in respect of weekly hours of work or leave, the existing weekly hours of work or leave;(v)the grounds in support of or in opposition to the claim;(vi)where reference is made to any document or documents, copies or extracts thereof, if possible;(vii)the names and status of the representative or representatives who will appear before the courts;(e)the statement of case shall contain all submissions, upon which the party relies in support of or in opposition to the claim, as the case may be;(f)the Tribunal may require parties at the hearing to read their statements of case;(g)evidence, either oral or in writing, and observations in support of or in opposition to the claim shall be referable to the submissions contained in the statement of case of any party to the reference;(h)where any party desires that a case should be adjourned from the date fixed to a later date, a consent to such adjournment signed by all parties shall be sent to the Tribunal, and the Tribunal, if good reason is shown, shall thereupon sanction the adjournment; and, if joint consent cannot be obtained, application may be made to the Tribunal by the party desiring the adjournment.
