Section 15 of Employment and Labour Relations Court Act: 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, including internal methods, conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159(2)(c) of the Constitution.
(2) Deleted by Act No. 18 of 2014, Sch.
(3) Deleted by Act No. 18 of 2014, Sch.
(4) If at any stage of the proceedings it becomes apparent that the dispute ought to have been referred for conciliation or mediation, the Court may stay the proceedings and refer the dispute for conciliation, mediation or arbitration.
(5) In the exercise of its powers under this Act, the Court may be bound by the national wage guidelines on minimum wages and standards of employment, and other terms and conditions of employment that may be issued, from time to time, by the Cabinet Secretary for the time being responsible for finance.
(6) Nothing in this section shall preclude the Court from making reference to the guidelines as may be published from time to time by the Salaries and Remuneration Commission to the extent to which they may be relevant to the dispute.
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- 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...
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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...
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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.