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| Employment and Labour Relations Court of Kenya | |
|---|---|
| Court name | Employment and Labour Relations Court of Kenya |
| Established | 2011 |
| Country | Kenya |
| Location | Nairobi |
| Jurisdiction | Employment disputes, labour relations |
| Authority | Constitution of Kenya (2010) |
| Appeals to | Kenya Court of Appeal |
Employment and Labour Relations Court of Kenya is a specialist superior court created under the Constitution of Kenya to adjudicate disputes arising from employment, labour relations and occupational health and safety. The Court was established to give effect to rights in the Bill of Rights (Kenya), the Labour Relations Act (Kenya), and the Employment Act (Kenya), and sits alongside the High Court of Kenya, Industrial Court (Kenya), and Environment and Land Court of Kenya in the Kenyan superior courts system. The Court has delivered jurisprudence interacting with instruments such as the International Labour Organization conventions, decisions of the Courts of the Commonwealth, and rulings of the African Court on Human and Peoples' Rights.
The Court was formed following constitutional reforms culminating in the 2010 Constitution of Kenya and legislative enactments like the Labour Institutions Act and Employment and Labour Relations Court Act. Its roots trace to colonial-era tribunals and post-independence bodies including the Industrial Court of Kenya and the National Industrial Court (Nigeria) model influences, with comparative references to the Employment Appeal Tribunal (England and Wales) and the Fair Work Commission (Australia). Early landmark administrative directions involved actors such as the Judicial Service Commission (Kenya), the Attorney General of Kenya, and unions like the Central Organization of Trade Unions (Kenya), Kenya National Union of Teachers, and employers’ groups including the Federation of Kenya Employers. The Court’s development engaged international agencies including the International Labour Organization and donor missions from the United Kingdom and European Union.
The Court’s jurisdiction is derived from the Constitution of Kenya and statutes such as the Employment Act (Kenya), the Labour Relations Act (Kenya), and the Occupational Safety and Health Act (Kenya). It adjudicates matters involving disputes between parties such as the Kenya Union of Commercial Food and Allied Workers, the Kenya Medical Practitioners, Pharmacists and Dentists Union, multinational firms like Safaricom, Kenya Airways, Equity Bank, and state organs including the National Police Service (Kenya), Kenya Defence Forces, and Parliament of Kenya. The Court exercises powers akin to the High Court of Kenya including issuing orders under the Judicature Act and granting remedies recognized under regional instruments like the African Charter on Human and Peoples' Rights.
The Court sits in centers across Kenya including Nairobi and Mombasa, with divisions constituted by judges appointed through the Judicial Service Commission (Kenya)]. It is administratively linked to the Judicial Service Commission and the Supreme Court of Kenya through case management protocols, and interacts with administrative bodies such as the Industrial Court Registry (Kenya) and the Office of the Attorney General (Kenya). Leadership has involved prominent jurists who have served similar roles in bodies like the Court of Appeal of Kenya, the High Court of Kenya, and international tribunals including the African Court on Human and Peoples' Rights.
The Court has rendered decisions featuring corporate parties such as Kenya Airways, Safaricom, East African Breweries Limited, and public service entities like Kenya Power and Lighting Company and Teachers Service Commission (Kenya). Its rulings have shaped law on issues also considered by the Kenya Law Reform Commission and referenced in appeals to the Court of Appeal of Kenya and the Supreme Court of Kenya. Cases have addressed collective bargaining involving Central Organization of Trade Unions (Kenya) and Kenya Federation of Trade Unions, discrimination claims invoking conventions of the International Labour Organization, and constitutional employment rights in contexts connected to institutions like the Parliament of Kenya and President of Kenya.
Judges are appointed by the President of Kenya on the recommendation of the Judicial Service Commission (Kenya), following constitutional provisions in the 2010 Constitution of Kenya. Candidates often have prior service in the High Court of Kenya, the Court of Appeal of Kenya, or academic scholarship associated with institutions like the University of Nairobi, Kenyatta University, Strathmore University, and the International Labour Organization. Tenure, removal and discipline are governed by the Judicial Service Act (Kenya) and oversight by the Judicial Service Commission (Kenya), with appeals processes sometimes engaging the Supreme Court of Kenya and international mechanisms such as proceedings before the African Court on Human and Peoples' Rights.
Procedure follows the Civil Procedure rules as adapted for employment matters and statutes including the Labour Relations Act (Kenya), the Employment Act (Kenya), and the Alternative Dispute Resolution Act (Kenya). Practice involves parties represented by lawyers from firms like Kaplan & Stratton, Anjarwalla & Khanna, Iseme, Kamau & Maema, and trade union legal teams from organizations such as the Central Organization of Trade Unions (Kenya). The Court promotes mediation and arbitration consistent with frameworks from the International Labour Organization and regional arbitration bodies like the East African Court of Justice and uses case management systems interfacing with the Judicial Service Commission (Kenya) and the Kenya Law Reports.
The Court’s decisions are subject to appeal to the Court of Appeal of Kenya and, on points of constitutional law, to the Supreme Court of Kenya. It collaborates with quasi-judicial and administrative organs including the Industrial Court (Kenya), the National Labour Board (Kenya), the Employment and Labour Relations Court Registry, and enforcement agencies such as the Ethics and Anti-Corruption Commission (Kenya). Its jurisprudence is cited alongside decisions from international and regional tribunals including the European Court of Human Rights, the International Labour Organization Committee of Experts, and the African Court on Human and Peoples' Rights in comparative labor law scholarship at institutions like the University of Nairobi Law School and the Kenya School of Law.
Category:Courts in Kenya