Industrial Court of Kenya – Employment and Labour Relations Court
The Industrial Court of Kenya, now renamed the Employment and Labour Relations Court.
Establishment of the Court – Industrial Court of Kenya (Employment and Labour Relations Court)
The Industrial court is established in pursuant of Article 162 (2) (a) of the Constitution of Kenya 2010, for the purpose of settling employment and Industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in Kenya.
The Industrial Court is a superior court of record with the status of the High Court and shall and exercise jurisdiction throughout Kenya.
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Jurisdiction – Employment and Labour Relations Court (Industrial Court of Kenya)
The court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162 (2) of the Constitution and the Provisions of the Industrial Court Act or any other written Law which extends jurisdiction to the court relating to employment and Labour relations including:-
- Disputes relating to or arising out of employment between an employer and an employee
- Disputes between an employer and a trade union.
- Disputes between an employer’s organisation and a trade union’s organization,
- Disputes between trade unions,
- Disputes between employer organisations,
- Disputes between an employer’s organisations,
- Disputes between an employer’s organisation and trade union,
- Disputes between a trade union and a member thereof,
- Disputes between an employer’s organisation or a federation and a member thereof,
- Disputes concerning the registration and election of trade union officials, and
- Disputes relating to the registration and enforcement of collective agreements.
In exercise of its jurisdiction, the court shall have power to make any of the following orders:-
- Interim preservation orders including injunctions in cases of urgency
- A prohibitory order
- An order for specific performance
- A declaratory order
- An award of compensation in any circumstances contemplated under the Industrial Court Act or any written Law.
- An award of damages in any circumstances contemplated under the Industrial Court Act or any written Law.
- An order for reinstatement of any employee within three years of dismissal, subject to such conditions as the court thinks fit to impose under circumstances contemplated under any written Law.
- Any other appropriate relief as the court may deem fit to grant.
Appellate Jurisdiction – Employment and Labour Relations Court (Industrial Court of Kenya)
The court shall have appellate jurisdiction to hear and determine appeals from:-
- Decisions of the Registrar of trade unions, and
- Any other court, local tribunal or commission and prescribed under any Written Law.
Composition of the Court – Industrial Court of Kenya (Employment and Labour Relations Court)
The court shall consist of;
- The Principal Judge; and
- 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.
Eleven new judges of the Industrial Court of Kenya, now renamed Employment and Labour Relations Court in Kenya, have been sworn in. They are:
- Mbaru Monica Wanjiru
- Marete D.K. Njambi
- Onyango Maureen Athens
- Nduma Mathews Nderi
- Aboudha Jorum Nelson
- Wasilwa Hellen Seruya,
- Radido Stephen Okiyo
- Rika James
- Ngume Linnet Ndolo
- Macau Onesmus Ndumbuthi
- Ongaya Byron .
- Nzioki wa Makau