Related documents
- Is amended by 24th Annual Supplement
- Amends Labour Institutions Act
LAWS OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT ACT
CAP. 8E
- Published in Kenya Gazette Vol. CXIII—No. 90 on 9 September 2011
- Assented to on 27 August 2011
- Commenced on 30 August 2011
- [Amended by Revision of the Laws (Rectification) Order, 2012 (Legal Notice 19 of 2012) on 23 March 2012]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Employment and Labour Relations Court Act.[Act No. 18 of 2014, Sch.]2. Interpretation
3. Principal Objective
Part II – ESTABLISHMENT AND CONSTITUTION OF THE COURT
4. 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.[Act No. 18 of 2014, Sch.]5. Composition of the Court
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.[Act No. 18 of 2014, Sch.]7. Tenure of office of judges of the Court
8. Remuneration etc
9. Officers of the Court
10. Qualifications for appointment of Registrar of the Court
A person shall be qualified for appointment as Registrar if the person —11. Functions of the Registrar of the Court
Part III – JURISDICTION OF THE COURT
12. Jurisdiction of the Court
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).[Act No. 18 of 2014, Sch.]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.[Act No. 18 of 2014, Sch.]15. Alternative dispute resolution
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.17. Appeals
18. [Deleted by Act No. 18 of 2014, Sch.]
Part IV – PROCEEDINGS OF THE COURT
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.20. General powers of the Court
21. Quorum of the Court
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 of the party's trade union or employers' organisation and, if the party is a juristic person, by a director or an employee, specially authorised for that purpose.[Act No. 18 of 2014, Sch.]Part V – THE EMPLOYMENT AND LABOUR RELATIONS RULES COMMITTEE
23. Establishment of the Committee
There is established the Employment and Labour Relations Rules Committee.24. Composition of the Committee
The Committee shall consist of—25. Quorum for the Committee
26. Secretary to the Committee
The Registrar shall be the Secretary to the Committee.27. Rules and Regulations
Part VI – MISCELLANEOUS PROVISIONS
28. [Deleted by Act No. 18 of 2014, Sch.]
29. Access to justice
30. [Deleted by Act No. 18 of 2014, Sch.]
31. Spent
32. Transitional provisions
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 directed by the Chief Justice or the Chief Registrar of the Judiciary.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.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.[Act No. 18 of 2014, Sch.]History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 December 2020
08 December 2014
23 March 2012
09 September 2011
30 August 2011
Commenced
27 August 2011
Assented to
Cited documents 0
Documents citing this one 1523
Judgment 1489
Gazette 21
Bench Bulletin 7
Act 3
1. | Judicature Act | 985 citations |
2. | Magistrates' Courts Act | 297 citations |
3. | Labour Institutions Act | 226 citations |
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Bill 1
1. | The Statute Law (Miscellaneous Amendments) Bill, 2020 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Employment and Labour Relations Court (Procedure) Rules, 2024 | Legal Notice 133 of 2024 | 23 August 2024 |
The Employment and Labour Relations Court (Procedure) Rules | Legal Notice 146 of 2016 | 31 December 2022 |