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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, Covid-19, Downloads, Supreme Court February 25, 2021
Cause Lists, Downloads, Supreme Court February 8, 2021
Cause Lists, Downloads, Supreme Court February 1, 2021
Covid-19, Latest Notices, Notices, Supreme Court August 6, 2020
Cause Lists, Covid-19, Downloads, Latest Notices, Notices, Supreme Court June 9, 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, Covid-19, Downloads, Latest Notices, Notices, Supreme Court April 29, 2020
Downloads, Notice, Practice Directions, Supreme Court April 28, 2020
Cause Lists, Downloads, Supreme Court October 25, 2019
Cause Lists, Downloads, Supreme Court October 18, 2019
Cause Lists, Downloads, Supreme Court October 14, 2019
Cause Lists, Downloads, Supreme Court June 4, 2019
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 10, 2019
Cause Lists, Supreme Court March 25, 2019
Cause Lists, Supreme Court February 25, 2019
Cause Lists, Downloads, Supreme Court February 21, 2019
Cause Lists, Supreme Court January 18, 2019
Cause List, Cause Lists, Supreme Court, Supreme Court November 2, 2018
Downloads, Supreme Court October 9, 2018
Cause List, Downloads, Supreme Court, Supreme Court October 4, 2018
Applications, Courts Decisions, Election Petitions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions October 2, 2018
Cause Lists, Downloads, Supreme Court September 25, 2018
Cause Lists, Supreme Court August 18, 2018
Courts Decisions, Supreme Court, Supreme Court, Supreme Court Decisions July 27, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 13, 2018
Cause List, Supreme Court, Supreme Court July 5, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 3, 2018
Courts Decisions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions June 27, 2018
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Cause List, Cause Lists, Supreme Court, Supreme Court June 13, 2018
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 30, 2018
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Cause List, Downloads, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Notices, Supreme Court April 6, 2018
Cause Lists, Supreme Court March 20, 2018
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Title
Cause Lists, Covid-19, Downloads, Supreme Court February 25, 2021
Cause Lists, Downloads, Supreme Court February 8, 2021
Cause Lists, Downloads, Supreme Court February 1, 2021
Covid-19, Latest Notices, Notices, Supreme Court August 6, 2020
Cause Lists, Covid-19, Downloads, Latest Notices, Notices, Supreme Court June 9, 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, Covid-19, Downloads, Latest Notices, Notices, Supreme Court April 29, 2020
Downloads, Notice, Practice Directions, Supreme Court April 28, 2020
Cause Lists, Downloads, Supreme Court October 25, 2019
Cause Lists, Downloads, Supreme Court October 18, 2019
Cause Lists, Downloads, Supreme Court October 14, 2019
Cause Lists, Downloads, Supreme Court June 4, 2019
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 10, 2019
Cause Lists, Supreme Court March 25, 2019
Cause Lists, Supreme Court February 25, 2019
Cause Lists, Downloads, Supreme Court February 21, 2019
Cause Lists, Supreme Court January 18, 2019
Cause List, Cause Lists, Supreme Court, Supreme Court November 2, 2018
Downloads, Supreme Court October 9, 2018
Cause List, Downloads, Supreme Court, Supreme Court October 4, 2018
Applications, Courts Decisions, Election Petitions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions October 2, 2018
Cause Lists, Downloads, Supreme Court September 25, 2018
Cause Lists, Supreme Court August 18, 2018
Courts Decisions, Supreme Court, Supreme Court, Supreme Court Decisions July 27, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 13, 2018
Cause List, Supreme Court, Supreme Court July 5, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 3, 2018
Courts Decisions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions June 27, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court June 22, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court June 13, 2018
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 30, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 15, 2018
Cause List, Downloads, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Notices, Supreme Court April 6, 2018
Cause Lists, Supreme Court March 20, 2018
Cause Lists, Supreme Court March 20, 2018
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Title
Supreme Court Cause List as at February 24, 2021
 1 file(s)  13 downloads
February 25, 2021
Supreme Court Cause List as at February 8, 2021
 1 file(s)  75 downloads
February 8, 2021
Supreme Court Cause List at January 28, 2021
 1 file(s)  52 downloads
February 1, 2021
Notice: Accessing Supreme Court Services Friday, August 8, 2020
 1 file(s)  639 downloads
August 6, 2020
NOTICE – Supreme Court – Cause List – Hearing via Video Link
 1 file(s)  976 downloads
June 9, 2020
Steps for use in Microsoft Teams, Skype and Zoom
 1 file(s)  999 downloads
May 19, 2020
NOTICE – Supreme Court – Cause List – Delivery of Rulings via Email
 1 file(s)  861 downloads
April 29, 2020
Supreme Court Rules 2020
 1 file(s)  1212 downloads
April 28, 2020
Supreme Court Cause List as at October 25, 2019
 1 file(s)  556 downloads
October 25, 2019
Supreme Court Causelist as at October 17, 2019
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October 18, 2019
Supreme Court Cause List as October 7, 2019
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October 14, 2019
Supreme Court Cause List as at June 4, 2019
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June 4, 2019
Supreme Court Cause List as at May 10, 2019
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May 10, 2019
Cause List as March 21, 2019
 1 file(s)  378 downloads
March 25, 2019
Supreme Court Causelist as at February 25, 2019
 1 file(s)  290 downloads
February 25, 2019
Supreme Court Cause List as at February 18, 2019
 1 file(s)  353 downloads
February 21, 2019
Supreme Court Causelist – January 18
 1 file(s)  483 downloads
January 18, 2019
Supreme Court Causelist as at 2nd November 2018
 1 file(s)  443 downloads
November 2, 2018
Supreme Court Cause List as 8th Oct 2018
 1 file(s)  380 downloads
October 9, 2018
Updated Supreme Court Cause List – From 5th oct 2018
 1 file(s)  344 downloads
October 4, 2018
Petition 7 of 2018 between Mohamed A.Mahamud and Ahmed A. Mohamad & 3 others – Wajir Application to Adduce Additional Evidence
 1 file(s)  720 downloads
October 2, 2018
Supreme Court Causelist, updated as at September 25, 2018
 1 file(s)  357 downloads
September 25, 2018
Supreme Court Causelist as at 17th Aug 2018
 1 file(s)  213 downloads
August 18, 2018
Martin Wanderi & 9 others vs Engineering Registration Board & 4 others
 1 file(s)  615 downloads
July 27, 2018
Causelist July 13- Sept 21, 2018
 1 file(s)  299 downloads
July 13, 2018
Causelist July – September 2018
 1 file(s)  241 downloads
July 5, 2018
Causelist July 2- August 6, 2018
 1 file(s)  154 downloads
July 3, 2018
Civil Application No (1). 13 of 2018 Alfred Mutua_
 1 file(s)  587 downloads
June 27, 2018
Causelist June to August
 1 file(s)  178 downloads
June 22, 2018
Supreme Court Causelist
 1 file(s)  197 downloads
June 13, 2018
CAUSE LIST 4TH JUNE TO 30TH JULY 2018
 1 file(s)  374 downloads
May 30, 2018
Supreme Court Causelist May 16-June 29, 2018
 1 file(s)  167 downloads
May 15, 2018
Supreme Court Cause List as at May 3 2018
 1 file(s)  274 downloads
May 4, 2018
Supreme Court Cause List as at 27 April 2018
 1 file(s)  120 downloads
May 4, 2018
Supreme Court Cause List as at 26 April 2018
 1 file(s)  131 downloads
May 4, 2018
Supreme Court of Kenya Easter Vacation, 2018
 1 file(s)  437 downloads
April 6, 2018
11th June to 2nd July SC Causelist
 1 file(s)  164 downloads
March 20, 2018
15th June 2015 SC Causelist
 1 file(s)  127 downloads
March 20, 2018
23rd June 2015 Causelist
 1 file(s)  124 downloads
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23rd June 2015 Causelist
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29th June 2015 SC Causelist
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21st July 2015 Causelist
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21st Sept 2015 Causelist
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25th Sept 2015 Causelist
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16th Oct 2015 Causelist
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19th Oct 2015 Causelist
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Oct 28th 2015 Causelist
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March 20, 2018
Nov 17th SC Causelist
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March 20, 2018
Nov 19th Causelist
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March 20, 2018
Nov 23 2015 Causelist
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March 20, 2018
Nov 30th 2015 SC Causelist
 1 file(s)  107 downloads
March 20, 2018
19th Jan 2016 Causelist
 1 file(s)  123 downloads
March 20, 2018
29th Jan 2016 Causelist
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March 20, 2018
19th May 2016 Causelist
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30th May 2016 Causelist
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16th Nov 2016 Causelist
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21st Nov 2016 Causelist
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29th Nov 2016 Causelist
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March 20, 2018
30th Nov 2016 Causelist
 1 file(s)  111 downloads
March 20, 2018
20th Feb 2017 Causelist
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23rd May 2017 Causelist
 1 file(s)  107 downloads
March 20, 2018
June 5th Causelist
 1 file(s)  110 downloads
March 20, 2018
16th June 2017 Causelist
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March 20, 2018
Updated July 13 2017 Causelist
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March 20, 2018
18th July Causelist
 1 file(s)  118 downloads
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19th July Causelist
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20th July 2017 Causelist
 1 file(s)  119 downloads
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31st July 2017 Causelist
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4th Aug 2017 Causelist
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24th Oct 2017 Causelist
 1 file(s)  122 downloads
March 20, 2018
Nov 13 2017 Causelist
 1 file(s)  113 downloads
March 20, 2018
Causelist 17 Nov 2015
 1 file(s)  114 downloads
March 20, 2018
Nov 6 2017 Causelist
 1 file(s)  111 downloads
March 20, 2018
Causelist as at 15th Nov 2017
 1 file(s)  116 downloads
March 20, 2018
February 2018 Causelist
 1 file(s)  115 downloads
March 20, 2018
Jan 18 2018 Causelist
 1 file(s)  173 downloads
March 20, 2018
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Cause Lists, Supreme Court March 20, 2018
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Notices, Supreme Court April 6, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 4, 2018
Cause List, Downloads, Supreme Court, Supreme Court May 4, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court May 15, 2018
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 30, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court June 13, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court June 22, 2018
Courts Decisions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions June 27, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 3, 2018
Cause List, Supreme Court, Supreme Court July 5, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court July 13, 2018
Courts Decisions, Supreme Court, Supreme Court, Supreme Court Decisions July 27, 2018
Cause Lists, Supreme Court August 18, 2018
Cause Lists, Downloads, Supreme Court September 25, 2018
Applications, Courts Decisions, Election Petitions, Rulings, Supreme Court, Supreme Court, Supreme Court Decisions October 2, 2018
Cause List, Downloads, Supreme Court, Supreme Court October 4, 2018
Downloads, Supreme Court October 9, 2018
Cause List, Cause Lists, Supreme Court, Supreme Court November 2, 2018
Cause Lists, Supreme Court January 18, 2019
Cause Lists, Downloads, Supreme Court February 21, 2019
Cause Lists, Supreme Court February 25, 2019
Cause Lists, Supreme Court March 25, 2019
Cause List, Cause Lists, Downloads, Supreme Court, Supreme Court May 10, 2019
Cause Lists, Downloads, Supreme Court June 4, 2019
Cause Lists, Downloads, Supreme Court October 14, 2019
Cause Lists, Downloads, Supreme Court October 18, 2019
Cause Lists, Downloads, Supreme Court October 25, 2019
Downloads, Notice, Practice Directions, Supreme Court April 28, 2020
Cause Lists, Covid-19, Downloads, Latest Notices, Notices, Supreme Court April 29, 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, Covid-19, Downloads, Latest Notices, Notices, Supreme Court June 9, 2020
Covid-19, Latest Notices, Notices, Supreme Court August 6, 2020
Cause Lists, Downloads, Supreme Court February 1, 2021
Cause Lists, Downloads, Supreme Court February 8, 2021
Cause Lists, Covid-19, Downloads, Supreme Court February 25, 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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