Courts

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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
Downloads, Employment and Labour Relations Court, Employment and Labour Relations Court Cause Lists, Publications, Reports September 1, 2020
Cause Lists, Covid-19, Downloads, Employment and Labour Relations Court Cause Lists, Latest Notices, Notices July 12, 2020
Cause Lists, Covid-19, Downloads, Employment and Labour Relations Court Cause Lists, Latest Notices, Notices July 6, 2020
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Downloads, Employment and Labour Relations Court, Employment and Labour Relations Court Cause Lists, Publications, Reports September 1, 2020
Cause Lists, Covid-19, Downloads, Employment and Labour Relations Court Cause Lists, Latest Notices, Notices July 12, 2020
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Title
Employment & Labour Relations Court Registry Manual
 1 file(s)  6618 downloads
September 1, 2020
NOTICE – Kisumu Employment & Labour Relations Court
 1 file(s)  792 downloads
July 12, 2020
NOTICE – Kisumu Employment & Labour Relations Court – Delivery of Judgements & Rulings for matters before Justice Nduma Nderi on July 16, 2020
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July 6, 2020
NOTICE – Mombasa Law Courts – Directions on Court Operations
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June 24, 2020
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June 24, 2020
NOTICE – Kisumu Employment & Labour Relations Court – Supplementary Cause List before Justice Mathews Nduma Nderi – Delivery of Judgements & Rulings
 1 file(s)  754 downloads
June 18, 2020
NOTICE – Kisumu Employment & Labour Relations Court – Delivery of Judgements & Rulings by Justice Mathews Nduma Nderi
 1 file(s)  741 downloads
June 16, 2020
NOTICE – Nairobi Employment & Labour Relations Court Resolutions on Upscaling of Court Operations
 1 file(s)  868 downloads
June 16, 2020
NOTICE – Eldoret Employment & Labour Relations Court – Taxation Matters – Cause List before Deputy Registrar Hon Milimu
 1 file(s)  746 downloads
June 10, 2020
NOTICE – Employment & Labour Relations Court – Mentions before Deputy Registrar Beryl Omollo
 1 file(s)  796 downloads
June 9, 2020
NOTICE – Kisumu Employment & Labour Relations Court – Delivery of judgements & Rulings for Cases before Justice Mathews Nduma
 1 file(s)  733 downloads
June 2, 2020
NOTICE – Eldoret Employment & Labour Relations Court – Cause List before Justice Abuodha
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May 26, 2020
NOTICE – Eldoret Employment & Labour Relations Court – Cause List before Justice Abuodha for May 28, 2020
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May 25, 2020
Steps for use in Microsoft Teams, Skype and Zoom
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May 19, 2020
NOTICE – Kisumu ELRC – Delivery of Judgements & Rulings via email by Justice Mathews Nderi Nduma on May 28, 2020
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May 18, 2020
NOTICE – Nairobi Employment & Labour Relations Court – Delivery of Rulings electronically by Hon Daisy Mutai – DR
 1 file(s)  767 downloads
May 14, 2020
NOTICE – Nairobi Employment & Labour Relations Court Cause List before Justice Radido for May 15, 2020
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May 14, 2020
NOTICE – Eldoret Employment & Relations Court – Delivery of Judgements & Rulings electronically by Justice Abuodha on May 15
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May 11, 2020
NOTICE – Nairobi Employment & Labour Relations Court – Delivery of Judgements & Rulings for cases before Justice Stephen Radido for May 8, 2020
 1 file(s)  753 downloads
May 7, 2020
NOTICE – Nairobi Employment & Labour Relations Court Causes List before Justice Maureen Onyango for May 8, 2020
 1 file(s)  786 downloads
May 7, 2020
NOTICE – Nakuru Employment & Labour Relations Court – Virtual Cause List for May 11 – 14.
 1 file(s)  724 downloads
May 7, 2020
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 1 file(s)  884 downloads
May 6, 2020
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May 6, 2020
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May 5, 2020
NOTICE – Eldoret Employment & Labour Relations Court Cause List
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May 5, 2020
NOTICE – Kisumu Employment & Labour Relations Court- Delivery of judgements & Rulings for Kisumu & Bungoma by Justice Nderi Nduma via email
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May 4, 2020
NOTICE – Directives on Upscaling Operations of the Eldoret Employment & Labour Relations Court
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May 2, 2020
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April 22, 2020
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 1 file(s)  759 downloads
April 14, 2020
Nairobi Employment and Labour Relations Court Cause List for Thursday, 27 February 2020
 1 file(s)  153 downloads
February 24, 2020
Addendum, Nairobi Employment & Labour Relations Court Cause List Monday, 24 February 2020
 1 file(s)  230 downloads
February 24, 2020
Nairobi, Employment and Labour Relations Court Cause List Friday, 21 February 2020
 1 file(s)  89 downloads
February 21, 2020
Employment and Labour Relations Court Cause List for Feb 25, 2020
 1 file(s)  242 downloads
February 20, 2020
Cause List. Service Week. Friday, 20 April 2018. Employment and Labour Relations Court, Nairobi.
 1 file(s)  689 downloads
April 13, 2018
Cause List. Service Week. Thursday, 19 April 2018. Employment and Labour Relations Court, Nairobi.
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April 13, 2018
Cause List. Service Week. Wednesday, 18 April 2018. Employment and Labour Relations Court, Nairobi.
 1 file(s)  500 downloads
April 13, 2018
Cause List. Service Week. Tuesday, 17 April 2018. Employment and Labour Relations Court, Nairobi.
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April 13, 2018
Cause List. Service Week. Monday, 16 April 2018. Employment and Labour Relations Court, Nairobi.
 1 file(s)  761 downloads
April 13, 2018
Title
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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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