Employment And Labour Relations Court Act in Kenya

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31 sections

• Section 1 of Employment and Labour Relations Court Act: Short title
  

  This Act may be cited as the Employment and Labour Relations Court Act.

  
  
• Section 2 of Employment and Labour Relations Court Act: Interpretation
  

  In this Act, unless the context otherwise requires — "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to employment and labour relations; "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar"...

  
  
• Section 3 of Employment and Labour Relations Court Act: Principal Objective
  

  (1) The principal objective of this Act is to enable the Court to facilitate the just, expeditious, efficient and proportionate resolution of disputes governed by this Act. (2) The Court shall in the exercise of its powers under this Act or the interpretation of the rights of individuals and...

  
  
• Section 4 of Employment and Labour Relations Court Act: Establishment of the Employment and Labour Relations Court
  

  There is established the Employment and Labour Relations Court pursuant to Article 162(2) of the Constitution.

  
  
• 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...

  
  
• Section 6 of Employment and Labour Relations Court Act: 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 of Employment and Labour Relations Court Act: 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) of the Constitution; or (c) is removed from office by a tribunal appointed by the President in...

  
  
• Section 8 of Employment and Labour Relations Court Act: 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 discharge of its functions shall be paid from the Judiciary Fund established under Article 173 of the...

  
  
• Section 9 of Employment and Labour Relations Court Act: 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 officers of the Court as may be necessary for the proper functioning of the Court. (2) The officers...

  
  
• Section 10 of Employment and Labour Relations Court Act: 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 appointment as a Judge of the High Court; (ii) served for at least ten years as a professionally...

  
  
• Section 11 of Employment and Labour Relations Court Act: 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 establishment and maintenance of the Register; (b) the acceptance, transmission, service and custody of...

  
  
• Section 12 of Employment and Labour Relations Court Act: 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 this Act or any other written law which extends jurisdiction to the Court relating to employment and...

  
  
• Section 13 of Employment and Labour Relations Court Act: 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 of Employment and Labour Relations Court Act: 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 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...

  
  
• Section 16 of Employment and Labour Relations Court Act: 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 of Employment and Labour Relations Court Act: 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 of Employment and Labour Relations Court Act: 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 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...

  
  
• Section 21 of Employment and Labour Relations Court Act: 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 question of law under Article 165(3)(b) or (d) of the Constitution shall be heard by an uneven number of...

  
  
• Section 22 of Employment and Labour Relations Court Act: 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 of the party's trade union or employers' organisation and, if the party is a juristic person, by a...

  
  
• Section 23 of Employment and Labour Relations Court Act: Establishment of the Committee
  

  There is established the Employment and Labour Relations Rules Committee.

  
  
• Section 24 of Employment and Labour Relations Court Act: 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 of the Court; (ii) one practising advocate appointed from two nominees, one woman and one man, with...

  
  
• Section 25 of Employment and Labour Relations Court Act: 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 Schedule.

  
  
• Section 26 of Employment and Labour Relations Court Act: Secretary to the Committee
  

  The Registrar shall be the Secretary to the Committee.

  
  
• Section 27 of Employment and Labour Relations Court Act: 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 sittings of the Court and the selection of Judges for any purpose; (b) prescribing forms and fees in...

  
  
• Section 29 of Employment and Labour Relations Court Act: 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 county as a Judge for the purposes of this Act. (3) The Chief Justice may, by notice in the Gazette,...

  
  
• Section 32 of Employment and Labour Relations Court Act: 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 this Act. (2) A person who at the commencement of this Act is a Judge of the Industrial Court shall be...

  
  
• Section 33 of Employment and Labour Relations Court Act: 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 directed by the Chief Justice or the Chief Registrar of the Judiciary.

  
  
• Section 34 of Employment and Labour Relations Court Act: 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.