Point in Time
Act No: No. 20 of 2011
Act Title: EMPLOYMENT AND LABOUR RELATIONS COURT
[ Date of commencement: 30th August, 2011. ]
[ Date of assent: 27th August, 2011. ]
Arrangement of Sections
PART I – PRELIMINARY
PART II – ESTABLISHMENT AND CONSTITUTION OF THE COURT
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) of the Constitution; or

(c)

is removed from office by a tribunal appointed by the President in accordance with Article 168(5) of the Constitution.

(2)

Subject to provisions of the Constitution, the Principal Judge may elect either to retire from office or to continue serving as Judge of the Court upon expiry of the Principal Judge’s term.

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 discharge of its functions shall be paid from the Judiciary Fund established under Article 173 of the Constitution.

PART III – JURISDICTION OF THE COURT
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.

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.

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 question of law under Article 165(3)(b) or (d) of the Constitution shall be heard by an uneven number of judges, being not less than three, assigned by the Chief Justice.

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—

(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 knowledge, experience and expertise in labour law nominated by a statutory body responsible for the professional regulation of advocates;
(iii) one person, not being a lawyer, appointed from two nominees, one woman and one man, with experience in employment and labour relations in Kenya;
(iv) two persons appointed from two nominees, one woman and one man, representing the interest of employers, nominated by the most representative employers’ organisation;
(v) two persons appointed from two nominees, one woman and one man, representing the workers, nominated by the most representative workers’ organisation;
(vi) one person appointed from two nominees, one woman and one man, representing the office of the Attorney General;
(vii) two persons, one woman and one man, appointed by the Chief Justice one of whom shall be a member of the Rules Committee of the Judiciary.
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 Schedule.

26.
Secretary to the Committee

The Registrar shall be the Secretary to the Committee.

PART VI – MISCELLANEOUS PROVISIONS
31.
Repeal of Part III of No. 12 of 2007

Part III of the Labour Institutions Act, 2007 (No. 12 of 2007) is repealed.

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.

SCHEDULE [Section 25(2).]
PROVISIONS RELATING TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE EMPLOYMENT AND LABOUR RELATIONS RULES COMMITTEE
1.
Tenure of office and conduct of business of the Committee
(1)

Other than the chairperson, a member of the Committee shall, subject to the provisions of this Act hold office for a period not exceeding five years on such terms and conditions as may be specified in the instrument of appointment, and shall not be eligible for re-appointment.

(2)

A member other than the chairperson may—

(a)

at any time resign from office by notice, in writing, to the Chief Justice;

(b)

be removed from office by the Chief Justice if the member—

(i) has been absent from three consecutive meetings of the Committee without the leave of the Chairperson;
(ii) is adjudged bankrupt or enters into a composition agreement or scheme of arrangement with creditors;
(iii) is convicted of criminal offence; or
(iv) is otherwise unable or unfit to discharge their functions as a member of the Committee.
(3)

The Chief Justice may remove, for sufficient reason, any member of the respective nominating organisations for reasons given in paragraph (2)(b).

(4)

If a member of the Committee is removed under subsection (3), the Chief Justice shall fill the vacancy from nominations submitted by the organisation that made the initial nominations.

2.
Meetings of the Committee
(1)

The Committee shall meet not less than four times in every financial year, and not more than three months shall elapse between the date of one meeting and the date of the next meeting:

Provided that the chairperson may call a special meeting of the Committee at any time where the chairperson deems it expedient for the transaction of the business of the Committee.

(2)

Other than a special meeting, or unless three quarters of members agree, at least fourteen days’ written notice of every meeting of the Committee shall be given to members of the Committee by the Secretary.

(3)

The quorum for the conduct of business of the Committee shall be seven members present and voting and unless a unanimous decision is reached, decisions shall be by a majority vote of the members present, and in the case of equality of votes, the chairperson or in his absence, the vice-chairperson shall have a casting vote:

Provided that one member from the most representative employers organisation and one representative of the most representative employees organisation is present to form the quorum.

(4)

The chairperson shall preside over all meetings of the Committee.

(5)

In the absence of the chairperson, the vice-chairperson shall preside.

(6)

The chairperson and vice-chairperson shall not be of the same gender.

(7)

In the absence of both the chairperson and vice-chairperson, the members present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairperson.

(8)

At the first meeting of the Committee, the members shall elect a vice- chairperson, not being a public servant, from among its members.

3.
Committee to regulate own procedure

Save as provided in this Schedule, the Committee may regulate its own procedure.