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OVERVIEW

Employment and Labour Relations Court

 

Introduction

 

The Employment and Labour Relations Court (ELRC) is established under Article 162 (2) (a) of the Constitution of Kenya 2010. The Court is operationalised under the Employment and Labour Relations Court Act No. 20 of 2011. It is a specialised court with the status of the High Court. According to Section 29 of the Act, the Court is required to ensure reasonable, equitable and progressive access to judicial services in all counties. Currently, the Court is established in seven stations, namely; Nairobi, Mombasa, Kisumu, Nakuru, Kericho, Nyeri and Eldoret. In addition, there are eight (8) sub-registries located in Malindi, Machakos, Bungoma, Garissa, Meru, Kisii, Voi and Kitale.

 

Jurisdiction of the Court

 

The Court has original and appellate jurisdiction to hear and determine all disputes relating to employment and labour relations. These include:

 

  1. disputes relating to or arising out of employment between an employer and an employee;
  2. disputes between an employer and a trade union;
  3. disputes between an employer’s organisation and a trade union’s organisation;
  4. disputes between trade unions;
  5. disputes between employer organisations;
  6. disputes between an employers’ organisation and a trade union;
  7. disputes between a trade union and a member thereof;
  8. disputes between an employer’s organisation or a federation and a member thereof;
  9. disputes concerning the registration and election of trade union officials; and
  10. disputes relating to the registration and enforcement of collective agreements.

 

The Court can grant conservatory, declaratory, injunction, compelling and compensation orders.

It can also make interpretation and enforcement directives.

 

Applicable Laws

 

In exercise of its jurisdiction the Court is governed by the Constitution of Kenya and various statutes including: Employment and Labour Relations Court Act No. 20 of 2011, Employment Act 2007, Labour Institutions Act 2007, Labour Relations Act 2007,Fair Administrative Action Act No. 4 of 2015, Civil Procedure Act Cap 21, Magistrates Court Act Cap 10, Mediation Act… Occupational Safety and Health Act 2007, Work Injury and Benefits Act 2007, National Social Security Fund Act, National Health Insurance Fund Act and Industrial Training Act CAP 237 among others. The practice and procedure of the Court is regulated by the Employment and Labour Relations Court (Procedure) Rules, 2016.

 

Composition of the court

 

The Court consists of the Principal Judge, Judges, Registrar, Deputy Registrars and judicial staff. The Principal Judge is elected by Judges of the Court for a renewable term of five years. He/she is responsible to the Chief Justice for the overall administration and management of the Court.

 

The Registrar is appointed by the Judicial Service Commission and is responsible for the day-to-day administration and management of the Court. According to the Employment and Labour Relations Court Act 2014, the Registrar, Deputy Registrars, and other officers of the Court exercise powers and perform duties as may be conferred upon them by the Act, the rules of the Court or any other written law.

 

The Registrar and Deputy Registrars are responsible for the administration and management of stations, case management, supervision and coordination of the operations of the registry, human resource and administrative support to Judges. They also perform judicial functions pursuant to the provisions of the law and account for any service in respect of which monies have been allocated. Judicial staff provide administrative support to ensure that the Court achieves its core mandate.

 

 

EMPLOYMENT AND LABOUR RELATIONS MATTERS HANDLED BY THE MAGISTRATES’ COURTS

Pursuant to Gazette Notice No. 6024 of 22nd June 2018, Magistrates of the rank of Senior Resident Magistrates and above were appointed by the Chief Justice as Special Magistrates designated to hear and determine the following   employment and   labour   relations   cases   within   their respective areas of jurisdiction-

 

  1. Disputes arising from contracts of employment (excluding trade disputes under the Labour Relations Act, 2007) where employees’ gross monthly pay does not exceed KShs. 80,000.00 as commenced and continued in accordance with the Employment and Labour Relations Court (Procedure) Rules, 2016.
  2. Matters relating to the following specific areas—
  3. Offences under the Work Injury Benefits Act, 2007
  4. Offences under the Employment Act, 2007
  5. Offences under the Labour Institutions Act, 2007
  6. Offences under Occupational Safety and Health Act, 2007; and
  7. Offences under the Labour Relations Act, 2007.

 

 

COMPOSITION OF THE COURT

The court shall consist of;

  1. The Principal Judge; and
  2.  Such number of Judges as the President may, acting on the recommendations of the Judicial Service Commission, appoint
  • The Principal Judge shall be elected in accordance with the procedure prescribed in Article 165 (2) of the Constitution.
  • The Principal Judge shall hold office for a term of not more than five years and shall be eligible for re-election for one further term of five years.
  • The Principal Judge shall have supervisory powers over the Court and shall be answerable to the Chief Justice.
  • In the absence of the Principal Judge or in the event of a vacancy in the office of the Principle Judge, the Judges of the Court may elect any other Judge to have and exercise and perform the powers and functions of the Principal Judge, and who shall be deemed to be the Principle Judge.

ADMINISTRATION

  1. Hon. Lady Justice Maureen Atieno Onyango (Principal Judge)
  2. Hon. Mr. Justice Mathews Nderi Nduma
  3. Hon. Lady Justice Monica Wanjiru Mbaru
  4. Hon. Mr. Justice Marete Njagi
  5. Hon. Lady Justice Maureen Atieno Onyango
  6. Hon. Mr. Justice Jorum Nelson Abuodha
  7. Hon. Lady Justice Hellen Seruya Wasilwa
  8. Hon. Mr. Justice Stephen Okiyo Radido
  9. Hon. Mr. Justice James Rika
  10. Hon. Lady Justice Linnet Ndolo Ngume
  11. Hon. Mr. Justice Onesmus Ndumbuthi Makau
  12. Hon. Mr. Justice Byram Ongaya
  13. Hon. Mr. Justice Nzioki Wa Makau

 To access Employment and Labour Relations Court Cause List, Visit http://kenyalaw.org

Title
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices December 29, 2020
Cause Lists, Court of Appeal, Court of Appeal, Courts, Downloads October 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices July 7, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices June 3, 2020
Cause Lists, Court Martial, Court of Appeal, Covid-19, Downloads, Election Petitions, Employment and Labour Relations Court Cause Lists, Environment and Land Court, Forms, High Court, Kadhis court, Latest Notices, Magistrates court, Notices, Supreme Court, Tribunals May 19, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices May 3, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 20, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 14, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 2, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices April 1, 2020
Cause Lists, Court of Appeal, Downloads June 21, 2019
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Cause Lists, Court of Appeal, Downloads October 2, 2018
Court of Appeal, Court of Appeal Decisions, Courts Decisions September 28, 2018
Cause Lists, Court of Appeal, Court of Appeal, Downloads September 6, 2018
Court of Appeal, Court of Appeal Decisions August 1, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts, Courts Decisions July 27, 2018
Court of Appeal, Court of Appeal Decisions, Courts Decisions July 27, 2018
Court of Appeal, Downloads, Publications July 16, 2018
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Court of Appeal, Court of Appeal, Court of Appeal Decisions, Downloads June 8, 2018
Cause Lists, Court of Appeal, Downloads June 6, 2018
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Court of Appeal, Downloads April 16, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
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Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal, Downloads June 25, 2018
Title
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices December 29, 2020
Cause Lists, Court of Appeal, Court of Appeal, Courts, Downloads October 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices July 7, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices June 3, 2020
Cause Lists, Court Martial, Court of Appeal, Covid-19, Downloads, Election Petitions, Employment and Labour Relations Court Cause Lists, Environment and Land Court, Forms, High Court, Kadhis court, Latest Notices, Magistrates court, Notices, Supreme Court, Tribunals May 19, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices May 3, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 20, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 14, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 2, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices April 1, 2020
Cause Lists, Court of Appeal, Downloads June 21, 2019
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Cause Lists, Court of Appeal March 6, 2019
Cause Lists, Court of Appeal, Downloads January 18, 2019
Court of Appeal, Downloads December 3, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts Decisions, Rulings November 19, 2018
Cause Lists, Court of Appeal, Downloads October 2, 2018
Court of Appeal, Court of Appeal Decisions, Courts Decisions September 28, 2018
Cause Lists, Court of Appeal, Court of Appeal, Downloads September 6, 2018
Court of Appeal, Court of Appeal Decisions August 1, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts, Courts Decisions July 27, 2018
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Court of Appeal, Downloads, Publications July 16, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts, Courts Decisions, Downloads June 22, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Downloads June 8, 2018
Cause Lists, Court of Appeal, Downloads June 6, 2018
Cause Lists, Court of Appeal, Downloads May 2, 2018
Court of Appeal, Downloads April 16, 2018
Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal, Downloads June 25, 2018

 

Title
The Court of Appeal Christmas Recess 2020
 1 file(s)  169 downloads
December 29, 2020
COURT OF APPEAL AT NAIROBI, MOMBASA, MALINDI, KISUMU, ELDORET, NYERI & NAKURU FINAL CAUSE-LIST FOR OCTOBER 2020.
 1 file(s)  366 downloads
October 22, 2020
Court of Appeal Cause List for July 2020
 1 file(s)  902 downloads
July 7, 2020
NOTICE – Court of Appeal Supplementary Cause List for delivery of judgements & rulings
 1 file(s)  844 downloads
June 3, 2020
Steps for use in Microsoft Teams, Skype and Zoom
 1 file(s)  999 downloads
May 19, 2020
NOTICE – Court of Appeal Cause List for May 2020
 1 file(s)  0 download
May 3, 2020
NOTICE – Cause List – Hearing Cases via Video Link to Kamiti, Kisumu Maximum & Kibos Main Security Prisons
 1 file(s)  720 downloads
April 22, 2020
NOTICE – Court of Appeal Final Cause List (Supplementary), delivery of Judgements & Rulings for Criminal Appeals, Civil Appeals & Applications by Judge Koome
 1 file(s)  724 downloads
April 22, 2020
NOTICE – Supplementary Cause List, Criminal – Court of Appeal Nairobi, Delivery of Judgements via Video Link on April 24 by Justice Martha Koome
 1 file(s)  748 downloads
April 20, 2020
NOTICE – Revised – Recess Cause List
 1 file(s)  738 downloads
April 14, 2020
NOTICE – Court of Appeal Recess Cause List for April 2020
 1 file(s)  715 downloads
April 9, 2020
NOTICE – Supplementary Cause List – Delivery of Judgements by Court of Appeal on April 24
 1 file(s)  675 downloads
April 9, 2020
Supplementary cause-lists for delivery of judgments & rulings by Court of Appeal via e-mail for civil appeals & applications, and via video link to Kodiaga & Kibos Maximum Security Prisons on Friday, 3rd April, 2020 at 9 am.
 1 file(s)  487 downloads
April 2, 2020
PUBLIC NOTICE – COURT OF APPEAL PRACTICE NOTE – ADMINISTRATIVE MEASURES TO MITIGATE COVID-19
 1 file(s)  670 downloads
April 1, 2020
Court of Appeal Cause List for June 24 – 27, 2019
 1 file(s)  405 downloads
June 21, 2019
Court of Appeal Cause List, May 2019
 1 file(s)  367 downloads
May 13, 2019
Court of Appeal Cause List, April 2019
 1 file(s)  392 downloads
April 1, 2019
Court of Appeal Cause List – February 2019
 1 file(s)  166 downloads
March 6, 2019
Court of Appeal Causelist January, 2019
 1 file(s)  386 downloads
January 18, 2019
Court of Appeal Causelist for December 2018
 1 file(s)  317 downloads
December 3, 2018
NAIROBI CIVIL APPLICATION No. 201 of 2018
 1 file(s)  558 downloads
November 19, 2018
Court of Appeal Causelist for October 2018
 1 file(s)  343 downloads
October 2, 2018
In the Court of Appeal, Nairobi. Decisions delivered on Sept 28, 2018.
 1 file(s)  317 downloads
September 28, 2018
Court of Appeal, Nairobi – Cause List – September 2018
 1 file(s)  293 downloads
September 6, 2018
Court of Appeal, Nairobi Judgments delivered on 31 July 2018
 1 file(s)  203 downloads
August 1, 2018
Court of Appeal decisions delivered on July 27, 2018.
 1 file(s)  354 downloads
July 27, 2018
Court of Appeal decisions delivered on July 20, 2018
 1 file(s)  300 downloads
July 27, 2018
Court of Appeal booklet
 1 file(s)  12155 downloads
July 16, 2018
In the Court of Appeal, Nairobi. Decisions delivered on June 22, 2018.
 1 file(s)  534 downloads
June 22, 2018
Nairobi, Court of Appeal Election Petition Appeals decisions delivered on Friday, June 8, 2018.
 1 file(s)  346 downloads
June 8, 2018
Nairobi Court of Appeal June 2018 Causelist
 1 file(s)  266 downloads
June 6, 2018
Court of Appeal, May 2018 Causelist
 1 file(s)  248 downloads
May 2, 2018
Court of Appeal, April 2018 Causelist
 1 file(s)  249 downloads
April 16, 2018
March 2016 Causelist
 1 file(s)  104 downloads
March 20, 2018
Final Causelist April 2016
 1 file(s)  95 downloads
March 20, 2018
Final Causelist May 2016
 1 file(s)  91 downloads
March 20, 2018
Amended Final Causelist June 2016
 1 file(s)  90 downloads
March 20, 2018
Final Causelist July 2016
 1 file(s)  93 downloads
March 20, 2018
November Causelist
 1 file(s)  92 downloads
March 20, 2018
September Further Amended Causelist
 1 file(s)  87 downloads
March 20, 2018
September 2016 Special Causelist
 1 file(s)  91 downloads
March 20, 2018
Court of Appeal Causelist
 1 file(s)  263 downloads
March 20, 2018
Amended Final Causelist January
 1 file(s)  98 downloads
March 20, 2018
Final Causelist January
 1 file(s)  89 downloads
March 20, 2018
First 2 weeks March 2017 Causelist
 1 file(s)  87 downloads
March 20, 2018
Final March 2017 Causelist
 1 file(s)  92 downloads
March 20, 2018
Revised May Causelist 1
 1 file(s)  105 downloads
March 20, 2018
Revised May Causelist
 1 file(s)  114 downloads
March 20, 2018
Final Causelist January 2018
 1 file(s)  242 downloads
June 25, 2018
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Cause Lists, Court of Appeal, Downloads June 25, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal March 20, 2018
Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
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Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Cause Lists, Court of Appeal March 20, 2018
Court of Appeal, Downloads April 16, 2018
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Court of Appeal, Court of Appeal, Court of Appeal Decisions, Downloads June 8, 2018
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Court of Appeal, Downloads, Publications July 16, 2018
Court of Appeal, Court of Appeal Decisions, Courts Decisions July 27, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts, Courts Decisions July 27, 2018
Court of Appeal, Court of Appeal Decisions August 1, 2018
Cause Lists, Court of Appeal, Court of Appeal, Downloads September 6, 2018
Court of Appeal, Court of Appeal Decisions, Courts Decisions September 28, 2018
Cause Lists, Court of Appeal, Downloads October 2, 2018
Court of Appeal, Court of Appeal, Court of Appeal Decisions, Courts Decisions, Rulings November 19, 2018
Court of Appeal, Downloads December 3, 2018
Cause Lists, Court of Appeal, Downloads January 18, 2019
Cause Lists, Court of Appeal March 6, 2019
Court of Appeal, Downloads April 1, 2019
Cause Lists, Court of Appeal, Downloads May 13, 2019
Cause Lists, Court of Appeal, Downloads June 21, 2019
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices April 1, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 2, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 9, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 14, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 20, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices April 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices May 3, 2020
Cause Lists, Court Martial, Court of Appeal, Covid-19, Downloads, Election Petitions, Employment and Labour Relations Court Cause Lists, Environment and Land Court, Forms, High Court, Kadhis court, Latest Notices, Magistrates court, Notices, Supreme Court, Tribunals May 19, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices June 3, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Latest Notices, Notices July 7, 2020
Cause Lists, Court of Appeal, Court of Appeal, Courts, Downloads October 22, 2020
Cause Lists, Court of Appeal, Covid-19, Downloads, Notices December 29, 2020

PRINCIPAL JUDGE, EMPLOYMENT AND LABOUR RELATIONS COURT

Milimani Commercial Court

Ngong Road, Upper Hill Close, Nairobi

P.O. Box 30420 – 00100, Nairobi

Telephone: +254  0730 182 000

Mobile: 0730 181 000/1800

 

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