Section 5 of Employment and Labour Relations Court Act: Composition of the Court
(1) The Court shall consist of — (a) the Principal Judge; and
(b) such number of Judges as may be determined and recruited by the Judicial Service Commission and appointed in accordance with Article 166(1) of the Constitution.
(2) The Principal Judge shall be elected in accordance with the procedure prescribed in Article 165(2) of the Constitution.
(3) 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.
(4) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the Chief Justice.
(5) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principal 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 Principal Judge.
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- Section 6 - Qualifications for appointment of judges of the Court
A person shall be qualified for appointment as a judge of the court if the person meets the qualifications specified in Article 166 of the Constitution.
- Section 7 - Tenure of office of judges of the Court
(1) A Judge of the Court shall hold office until the Judge —
(a) retires from office in accordance with Article 167(1) of the Constitution;
(b) resigns from office in accordance with Article 167(5)...
- Section 8 - Remuneration etc
(1) The remuneration and benefits payable to or in respect of Judges shall be a charge on the Consolidated Fund.
(2) The administrative expenses of the Court and other expenses of the Court in the...
- Section 9 - Officers of the Court
(1) The Judicial Service Commission shall appoint the following officers of the Court— (a) the Registrar;
(b) one or more Deputy Registrars as the administration of justice requires;
(c) such other...
- Section 10 - Qualifications for appointment of Registrar of the Court
A person shall be qualified for appointment as Registrar if the person —
(a) is an advocate of the High Court of Kenya and has, since admission to the Roll of Advocates -
(i) become eligible for...
- Section 11 - Functions of the Registrar of the Court
(1) The Registrar shall perform the duties assigned to the Registrar under this Act, and such other duties as the Chief Registrar may direct and in particular be responsible for -
(a) the...
- Section 12 - Jurisdiction of the Court
(1) 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...
- Section 13 - Enforcement of court orders
A judgement, award, order or decree of the Court shall be enforceable in accordance with the rules made under the Civil Procedure Act (Cap. 21).
- Section 14 - The seal of the Court
The seal of the Court shall be such device as may be determined by the Court and shall be kept in the custody of the Chief Registrar.
- Section 15 - Alternative dispute resolution
(1) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion or at the request of the parties, any other appropriate means of dispute resolution,...
- Section 16 - Review of orders of the Court
The Court shall have power to review its judgements, awards, orders or decrees in accordance with the Rules.
- Section 17 - Appeals
(1) Appeals from the Court shall lie to the Court of Appeal against any judgement, award, order or decree issued by the Court in accordance with Article 164(3) of the Constitution.
- Section 19 - Proceedings before the Court
Except as otherwise provided in Article 50(8) of the Constitution, the proceedings of the Court shall be in public.
- Section 20 - General powers of the Court
(1) In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities.
(2) Deleted by Act No. 18 of 2014, Sch.
(3) Deleted by Act No. 18 of 2014, Sch.
(4) For...
- Section 21 - Quorum of the Court
(1) The Court shall be properly constituted for the purposes of its proceedings by a single judge.
(2) Notwithstanding subsection (1), any matter certified by the Court as raising a substantial...
- Section 22 - Representation before the Court.
In any proceedings before the Court or a subordinate Employment and Labour Relations Court, a party to the proceedings may act in person or be represented by an advocate, an office bearer or official...
- Section 23 - Establishment of the Committee
There is established the Employment and Labour Relations Rules Committee.
- Section 24 - Composition of the Committee
The Committee shall consist of—
(a) the Principal Judge who shall be the chairperson;
(b) the following persons who shall be appointed by the Chief Justice for a term of five years—
(i) one Judge...
- Section 25 - Quorum for the Committee
(1) Seven members of the Committee shall form a quorum at any meeting of the Committee.
(2) The conduct and regulation of the business and affairs of the Committee shall be as provided in the...
- Section 26 - Secretary to the Committee
The Registrar shall be the Secretary to the Committee.
- Section 27 - Rules and Regulations
(1) The Chief Justice, make rules for regulating the practice and procedure of the Court.
(2) Without prejudice to the generality of subsection (1), such rules may provide for— (a) regulating the...
- Section 29 - Access to justice
(1) The Court shall ensure reasonable, equitable and progressive access to the judicial services in all counties.
(2) For purposes of subsection (1), the Chief Justice may designate a Judge in a...
- Section 32 - Transitional provisions
(1) Any regulation or other instrument made or issued under the Labour Institutions Act (Cap. 234) shall continue to have effect as if such regulation or other instrument were made or issued under...
- Section 33 - Proceedings pending in the Industrial Court
All proceedings pending before the Industrial Court shall continue to be heard and shall be determined by that court until the Court established under this Act comes into operation or as may be...
- Section 34 - Existing contracts
The Court shall be bound in all contracts, including contracts of service, if any, subsisting at the commencement of this Act and to which the Industrial Court was party.
- Section 35 - Regulations relating to employment and labour relations
Any other written law relating to the regulation of employment and labour relations shall have effect subject to such modification as may be necessary to give effect to this Act.