Section 20 of Employment and Labour Relations Court Act: 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 the purpose of dealing with any matter before it, the Court may by order in writing signed by or on behalf of the Court require any person to—
(a) furnish in writing or otherwise, such particulars in relation to such matters as it may require;
(b) attend before it;
(c) give evidence on oath or otherwise; and (d) produce any relevant documents.
(5) An order made under subsection (4) may include a requirement as to the date on which or the time within which the order is to be complied with.
(6) An order purporting to be signed by or under the authority of the Judge conducting the proceedings of the Court shall be presumed, until the contrary is proved, to have been given by the Court.
(7) A person who—
(a) without reasonable cause fails to comply with an order duly given under subsection (4); or
(b) is required by an order made under subsection (4) to furnish information, and who makes any statement or furnishes any information which the person knows, or has reasonable cause to believe, to be false or misleading in material particular,
commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.
(8) If an order made under subsection (4) is directed to a-
(a) firm or to a body corporate, every partner of the firm, and every director and officer of the body corporate shall comply with the order; or
(b) trade union, employers' organization or federation, every official or officer of the trade union, employers' organization or federation shall comply with the order.
(9) Where an offence is committed by a firm, body corporate, trade union, employers' organization or federation in respect of any order made under subsection (4), every partner, director, officer or official concerned shall be guilty of the offence unless they prove that-
(a) the offence was committed without their consent or connivance; and
(b) they exercised all due diligence to prevent the commission of the offence.
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(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...
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- 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.
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- 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.