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
2019 -2020, Downloads, Publications, Reports, State of the Judiciary Reports February 1, 2021
Downloads, JSC Reports, Judiciary Budgets, Publications, Reports November 5, 2020
Downloads, Judiciary Budgets, Publications, Reports November 2, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Employment and Labour Relations Court, Employment and Labour Relations Court Cause Lists, Publications, Reports September 1, 2020
Downloads, Publications, Reports August 27, 2020
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Administrative Units performance, Assessment Reports, Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU Evaluation Report, PMMU REPORTS, Publications, Reports, Reports August 12, 2020
Downloads, Publications, Reports August 6, 2020
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Commercial Cases Report, Covid-19, Downloads, Latest Notices, Notices, Publications, Reports June 2, 2020
Downloads, Publications, Reports March 4, 2020
Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU REPORTS, Publications, Reports February 13, 2020
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Downloads, Publications, Reports, State of the Judiciary Reports January 23, 2020
Courts Performance, Downloads, Publications, Reports December 24, 2019
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Courts Performance, Downloads, Reports July 3, 2019
Courts Performance, Downloads, Reports June 18, 2019
Downloads, PMMU REPORTS, Publications, Reports May 17, 2019
Downloads, JPIP, Newsletters, Projects, Publications, Reports, Reports, Reports April 8, 2019
2017 - 2018, Downloads, Publications, Reports, State of the Judiciary Reports March 5, 2019
Downloads, Publications, Reports September 11, 2018
Downloads, Publications, Reports, Reports July 6, 2018
Downloads, Family Court Matters, High Court, Publications, Reports, Reports June 14, 2018
Downloads, PMMU Evaluation Report, Reports April 27, 2018
JSC Reports, Reports April 9, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
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Reports March 5, 2018
Title
2019 -2020, Downloads, Publications, Reports, State of the Judiciary Reports February 1, 2021
Downloads, JSC Reports, Judiciary Budgets, Publications, Reports November 5, 2020
Downloads, Judiciary Budgets, Publications, Reports November 2, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Employment and Labour Relations Court, Employment and Labour Relations Court Cause Lists, Publications, Reports September 1, 2020
Downloads, Publications, Reports August 27, 2020
Downloads, Publications, Reports August 7, 2020
Administrative Units performance, Assessment Reports, Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU Evaluation Report, PMMU REPORTS, Publications, Reports, Reports August 12, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Commercial Cases Report, Covid-19, Downloads, Latest Notices, Notices, Publications, Reports June 2, 2020
Downloads, Publications, Reports March 4, 2020
Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU REPORTS, Publications, Reports February 13, 2020
Downloads, Reports February 10, 2020
Downloads, Publications, Reports, State of the Judiciary Reports January 23, 2020
Courts Performance, Downloads, Publications, Reports December 24, 2019
Downloads, Publications, Reports November 21, 2019
Courts Performance, Downloads, Reports July 3, 2019
Courts Performance, Downloads, Reports June 18, 2019
Downloads, PMMU REPORTS, Publications, Reports May 17, 2019
Downloads, JPIP, Newsletters, Projects, Publications, Reports, Reports, Reports April 8, 2019
2017 - 2018, Downloads, Publications, Reports, State of the Judiciary Reports March 5, 2019
Downloads, Publications, Reports September 11, 2018
Downloads, Publications, Reports, Reports July 6, 2018
Downloads, Family Court Matters, High Court, Publications, Reports, Reports June 14, 2018
Downloads, PMMU Evaluation Report, Reports April 27, 2018
JSC Reports, Reports April 9, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018

 

Title
State of the Judiciary and the Administration of Justice Annual Report 2019 – 2020
 1 file(s)  202 downloads
February 1, 2021
THE JSC BUDGET: A GUIDE FOR THE CITIZEN FY 2020/21 – Popular Version
 1 file(s)  6039 downloads
November 5, 2020
THE JUDICARY BUDGET: A GUIDE FOR THE CITIZEN FY 2020/21 – Popular Version
 1 file(s)  6157 downloads
November 2, 2020
Judiciary MTEF Budget Report for Period Financial Year 2021- 2022 – FY 2023- 2024
 1 file(s)  6238 downloads
November 1, 2020
The Judiciary Budget – A Guide for the Citizen 2021- 2022 – Popular Version
 1 file(s)  6187 downloads
November 1, 2020
Employment & Labour Relations Court Registry Manual
 1 file(s)  6618 downloads
September 1, 2020
Alternative Justice Systems Baseline Policy and Policy Framework
 1 file(s)  6700 downloads
August 27, 2020
Judiciary Gender Audit Dec 21 2019
 1 file(s)  6475 downloads
August 7, 2020
PERFORMANCE MANAGEMENT & MEASUREMENT UNDERSTANDINGS EVALUATION REPORT 2018-19
 1 file(s)  6759 downloads
August 12, 2020
TRIBUNALS CENSUS REPORT
 1 file(s)  6476 downloads
August 6, 2020
JUDICIARY STRATEGIC PLAN 2019 -2023
 1 file(s)  6864 downloads
August 6, 2020
Judiciary Court User Satisfaction Survey Report
 1 file(s)  6521 downloads
August 6, 2020
JUDICIARY EMPLOYEE SATISFACTION AND WORK ENVIRONMENT SURVEY REPORT
 1 file(s)  6539 downloads
August 6, 2020
Report on Efiling system at the Commercial and Tax Division
 1 file(s)  6772 downloads
June 2, 2020
Status Report on the Implementation of the Sustaining Judiciary Transformation (SJT): A Service Delivery Agenda 2017 – 2021
 1 file(s)  6363 downloads
March 4, 2020
Case Management Report for Corruption Cases – July to December 2019
 1 file(s)  6276 downloads
February 13, 2020
Judiciary MTEF Report For Period FY 2020/21 – FY 2022/23
 1 file(s)  6341 downloads
February 10, 2020
SOJAR report
 1 file(s)  12574 downloads
January 23, 2020
Case Management Report for Corruption Cases July – September 2019
 1 file(s)  9046 downloads
December 24, 2019
Status Report on Children in the Justice System in Kenya
 1 file(s)  6574 downloads
November 21, 2019
Court Performance, March 31, 2019
 1 file(s)  6499 downloads
July 3, 2019
Judiciary Caseload – July 1, 2018 – March 31, 2019
 1 file(s)  6343 downloads
June 18, 2019
Performance Management and Measurement Understandings 2017/18 evaluation Report.
 1 file(s)  6704 downloads
May 17, 2019
Court Users Committee initiative
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April 8, 2019
State of the Judiciary & the Administration of Justice Annual Report, 2017 – 2018
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March 5, 2019
Bail and Bond Policy Guidelines
 1 file(s)  6830 downloads
September 11, 2018
JCE Annual Report 2017
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July 6, 2018
Simplified Resource Tool on Inheritance and Related Family Law Practice in Kenya
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June 14, 2018
Performance Management and Measurement Understandings Evaluation Report, 2016/2017
 1 file(s)  6703 downloads
April 27, 2018
JSC STATEMENT ON AUDITOR GENERAL’S REPORT AS COVERED IN THE STANDARD
 1 file(s)  6205 downloads
April 9, 2018
The Performance Management and Measurement Understandings Evaluation Report 2015 – 2016.
 1 file(s)  6019 downloads
March 5, 2018
J.C.E Annual Report 2016.
 1 file(s)  6100 downloads
March 5, 2018
Customer, Employee Satisfaction and Work Environment Survey Report.
 1 file(s)  6278 downloads
March 5, 2018
Judiciary Working Committee on Election Preparations (J.W.C.E.P ) Report.
 1 file(s)  6131 downloads
March 5, 2018
Report of the Judicial Taskforce on Sentencing.
 1 file(s)  6152 downloads
March 5, 2018
Report on institutionalizing Performance Management and Measurement in the Judiciary.
 1 file(s)  6085 downloads
March 5, 2018
Report of the Task Force to Develop Bail and Bond Policy Guidelines.
 1 file(s)  5991 downloads
March 5, 2018
Judiciary Court Case Delays Impact Evaluation Diagnostic Study Report.
 1 file(s)  6268 downloads
March 5, 2018
Interim Report of the Judiciary Working Committee on Election Preparations.
 1 file(s)  5909 downloads
March 5, 2018
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Reports March 5, 2018
Reports March 5, 2018
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Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
Reports March 5, 2018
JSC Reports, Reports April 9, 2018
Downloads, PMMU Evaluation Report, Reports April 27, 2018
Downloads, Family Court Matters, High Court, Publications, Reports, Reports June 14, 2018
Downloads, Publications, Reports, Reports July 6, 2018
Downloads, Publications, Reports September 11, 2018
2017 - 2018, Downloads, Publications, Reports, State of the Judiciary Reports March 5, 2019
Downloads, JPIP, Newsletters, Projects, Publications, Reports, Reports, Reports April 8, 2019
Downloads, PMMU REPORTS, Publications, Reports May 17, 2019
Courts Performance, Downloads, Reports June 18, 2019
Courts Performance, Downloads, Reports July 3, 2019
Downloads, Publications, Reports November 21, 2019
Courts Performance, Downloads, Publications, Reports December 24, 2019
Downloads, Publications, Reports, State of the Judiciary Reports January 23, 2020
Downloads, Reports February 10, 2020
Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU REPORTS, Publications, Reports February 13, 2020
Downloads, Publications, Reports March 4, 2020
Commercial Cases Report, Covid-19, Downloads, Latest Notices, Notices, Publications, Reports June 2, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Downloads, Publications, Reports August 6, 2020
Administrative Units performance, Assessment Reports, Court Performance, Courts Performance, Downloads, Judiciary Performance, PMMU Evaluation Report, PMMU REPORTS, Publications, Reports, Reports August 12, 2020
Downloads, Publications, Reports August 7, 2020
Downloads, Publications, Reports August 27, 2020
Downloads, Employment and Labour Relations Court, Employment and Labour Relations Court Cause Lists, Publications, Reports September 1, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Judiciary Budgets, Publications, Reports November 1, 2020
Downloads, Judiciary Budgets, Publications, Reports November 2, 2020
Downloads, JSC Reports, Judiciary Budgets, Publications, Reports November 5, 2020
2019 -2020, Downloads, Publications, Reports, State of the Judiciary Reports February 1, 2021

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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