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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
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Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 29, 2020
Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 29, 2020
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Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 19, 2020
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Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 14, 2020
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Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 14, 2020
Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 9, 2020
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Title
Cause Lists, Covid-19, Downloads, Employment and Labour Relations Court Cause Lists, Environment and Land Court, High Court, Kadhis court, Latest Notices, Magistrates court, Notices June 24, 2020
Cause Lists, Covid-19, Downloads, Employment and Labour Relations Court Cause Lists, Environment and Land Court, High Court, Kadhis court, Latest Notices, Magistrates court, Notices June 24, 2020
Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices June 18, 2020
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Environment and Land Court March 26, 2018
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NOTICE – Mombasa Law Courts – Directions on Court Operations
 1 file(s)  862 downloads
June 24, 2020
NOTICE – Mombasa Law Courts – Court Users Committee Resolutions on Court Operations
 1 file(s)  790 downloads
June 24, 2020
NOTICE – Kakamega Environment & Land Court – Mentions for Written Submissions
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June 18, 2020
NOTICE – Kakamega Environment & Land Court – Delivery of Judgements & Rulings for matters be Justice N. A.
 1 file(s)  731 downloads
June 18, 2020
NOTICE – Thika Environment & Land Court – Cause List before Justice Gacheru for June 8, 2020
 1 file(s)  760 downloads
June 5, 2020
NOTICE – Eldoret Environment & Land Court directions on matters listed between June 3 and 26, 2020 before the Deputy Registrar
 1 file(s)  736 downloads
June 3, 2020
NOTICE – Thika Environment & Land Court – Cause List before Justice Gacheru for June 2, 2020
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May 31, 2020
NOTICE – Mombasa Environment & Land Court Cause List before Justice Sila Munyao for June 2, 2020
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May 31, 2020
NOTICE – Nakuru High Court & Environment & Land Court – Cause List before Deputy Registrar Nancy Makau
 1 file(s)  757 downloads
May 23, 2020
NOTICE – Nakuru Environment & Land Court – Cause List before Justice Dalmas Ohungo
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May 23, 2020
NOTICE – Thika Environment & Land Court – Rescheduling of Cause List
 1 file(s)  769 downloads
May 23, 2020
NOTICE – Thika ELC – Delivery of Judgements & Rulings electronically by Justice Lucy Gacheru on May 28, 2020
 1 file(s)  748 downloads
May 23, 2020
Steps for use in Microsoft Teams, Skype and Zoom
 1 file(s)  999 downloads
May 19, 2020
NOTICE – Thika ELC – Cause List before Justice Gacheru for May 19, 20202
 1 file(s)  732 downloads
May 16, 2020
NOTICE – Thika ELC Cause List before Deputy Registrar Mutuku for May 19, 2020
 1 file(s)  728 downloads
May 16, 2020
NOTICE – Eldoret Environment & Land Court – Cause List before Justice Stephen Kibunja for May 21, 2020
 1 file(s)  714 downloads
May 15, 2020
NOTICE – Eldoret Environment & Land Court – Cause List before Justice Stephen Kibunja for May 19, 2020
 1 file(s)  718 downloads
May 15, 2020
NOTICE – Eldoret Environment & Land Court – Cause List before Justice Stephen Kibunja for May 18, 2020
 1 file(s)  698 downloads
May 15, 2020
NOTICE – Eldoret Environment & Land Court – Cause List before Justice Stephen Kibunja for May 20, 2020
 1 file(s)  719 downloads
May 15, 2020
NOTICE – Kisumu Environment & Land Court, Cause List before Hon Shimenga
 1 file(s)  0 download
May 12, 2020
NOTICE – Eldoret Environment & Land Court – Delivery of judgements & rulings electronically by Justice Odeny on May 14
 1 file(s)  739 downloads
May 9, 2020
NOTICE – Kisumu Environment & Land Court – Delivery of Judgements & Rulings for matters before Justice Anthony Ombwayo
 1 file(s)  738 downloads
May 6, 2020
NOTICE – Thika Environment & Land Court, Cause List for May 4, 2020
 1 file(s)  769 downloads
May 3, 2020
NOTICE – Eldoret Environment & Land Court – Cause List before Justice Stephen Kibunja – May 7 – 8, 2020
 1 file(s)  790 downloads
May 3, 2020
NOTICE – Thika Environment & Land Court – Delivery of judgements & rulings via email by Lady Justice Gacheru
 1 file(s)  743 downloads
May 2, 2020
NOTICE -Thika Environment & Land Court – Combined Cause List
 1 file(s)  780 downloads
April 30, 2020
NOTICE – Milimani Environment & Land Court – Delivery of Judgements & Rulings
 1 file(s)  987 downloads
April 29, 2020
NOTICE – Milimani Environment & Land Court Causelist
 1 file(s)  805 downloads
April 29, 2020
NOTICE – Milimani Environment & Land Court – Cause List
 1 file(s)  805 downloads
April 29, 2020
Judgment- ELC No 35 of 2018 by Judge A. O. Ombwayo ELC Kisumu
 1 file(s)  381 downloads
April 28, 2020
NOTICE – ELDORET ENVIRONMENT & LAND COURT- JUDGMENTS AND RULINGS TO BE DELIVERED BY HON. JUSTICE S.M KIBUNJA ON BEHALF OF HON. JUSTICE A. OMBWAYO
 1 file(s)  749 downloads
April 27, 2020
NOTICE – Meru Environment & Land Court – Cause List – Delivery of Judgements & Rulings by Justice Lucy Mbugua via email
 1 file(s)  732 downloads
April 24, 2020
NOTICE – Meru Environment & Land Court – Delivery of judgements & Ruling by Justice Lucy Mbugua
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NOTICE – Kakamega Environment & Land Court – Delivery of Judgements & Rulings via email by Justice Nelly Matheka on April 28
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NOTICE – Kisumu Environment & Land Court – Delivery of Judgements & Rulings for case before Justice Obwayo
 1 file(s)  720 downloads
April 23, 2020
NOTICE – Eldoret Environment and Land Court – Delivery of Judgements & Rulings by Justice Odeny on April 23, 2020
 1 file(s)  690 downloads
April 19, 2020
NOTICE – Eldoret Environment and Land Court – Delivery of Judgements & Rulings by Justice Odeny
 1 file(s)  649 downloads
April 19, 2020
NOTICE – Kisii Environment & Land Court – Delivery of Judgements & Rulings pending before Lady Justice Onyango
 1 file(s)  670 downloads
April 15, 2020
NOTICE – Eldoret Environment and Land Court – Delivery of Judgements & Rulings before Justice M. A. Odeny on Friday, 17th April, 2020 Via Email or Video Conferencing
 1 file(s)  694 downloads
April 15, 2020
NOTICE – Hearing of Applications – Kakamega Environment & Land Court – Rulings & Judgments for delivery by Lady Justice A. Matheka on 16 April, 2020 Via Email
 1 file(s)  644 downloads
April 14, 2020
NOTICE – Hearing of Applications – Eldoret Environment and Land Court Cause List before Lady Justice (Dr.) M. A. Odeny Via Video Conferencing on Thursday, 16th April, 2020
 1 file(s)  678 downloads
April 14, 2020
NOTICE – Hearing of Applications – Edoret Environment & Land Court Cause List before Justice S.M. Kibunja Via Video Conferencing on Tuesday, 14th April, 2020.
 1 file(s)  659 downloads
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NOTICE – Thika Environment and Land Court
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The Malindi Environment and Land Court Cause List for 7 – 10th September 2015.
 1 file(s)  140 downloads
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March 26, 2018
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March 26, 2018
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 1 file(s)  140 downloads
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Envrionment and Land Court Service Week, Cause List 20th – 30th march for Nakuru
 1 file(s)  102 downloads
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Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Environment and Land Court March 26, 2018
Cause Lists, Covid-19, Downloads, Environment and Land Court, Latest Notices, Notices April 9, 2020
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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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