Employment and Labour Relations Court Act

LAWS OF KENYA
THE EMPLOYMENT AND LABOUR RELATIONS COURT ACT
CAP. 8E
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Employment and Labour Relations Court Act
Cap. 8E
Legislation as at 31 December 2022
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Employment and Labour Relations Court Act (Cap. 8E)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Principal Objective ................................................................................................................................................................................... 2
Part II – ESTABLISHMENT AND CONSTITUTION OF THE COURT ..................................................................................................... 2
4.

ESTABLISHMENT AND CONSTITUTION OF THE COURT ..................................................................................................... 2
4.

Establishment of the Employment and Labour Relations Court ............................................................................................ 2
5. Composition of the Court ..................................................................................................................................................................... 2
6. Qualifications for appointment of judges of the Court ............................................................................................................. 3
7. Tenure of office of judges of the Court ........................................................................................................................................... 3
8. Remuneration etc ..................................................................................................................................................................................... 3
9. Officers of the Court ............................................................................................................................................................................... 3
10.

................................................................................................................................................ 3
10.

Qualifications for appointment of Registrar of the Court ....................................................................................................... 3
11. Functions of the Registrar of the Court ........................................................................................................................................ 4
Part III – JURISDICTION OF THE COURT .................................................................................................................................................... 4
12. Jurisdiction of the Court ..................................................................................................................................................................... 4
13. Enforcement of court orders ............................................................................................................................................................. 5
14. The seal of the Court .......................................................................................................................................................................... 5
15.

................................................................................................................................................ 5
15.

Alternative dispute resolution .......................................................................................................................................................... 5
16. Review of orders of the Court .......................................................................................................................................................... 6
17. Appeals ....................................................................................................................................................................................................... 6
18. [Deleted by Act No. 18 of 2014, Sch.] ........................................................................................................................................... 6
Part IV – PROCEEDINGS OF THE COURT ................................................................................................................................................... 6
19. Proceedings before the Court ........................................................................................................................................................... 6
20.

................................................................................................................................................ 6
20.

General powers of the Court ............................................................................................................................................................. 6
21. Quorum of the Court ............................................................................................................................................................................ 7
22. Representation before the Court. .................................................................................................................................................... 7
Part V – THE EMPLOYMENT AND LABOUR RELATIONS RULES COMMITTEE ............................................................................... 7
23. Establishment of the Committee ..................................................................................................................................................... 7
24. Composition of the Committee ........................................................................................................................................................ 7
25.

................................................................................................................................................ 7
25.

Quorum for the Committee ............................................................................................................................................................... 8
26. Secretary to the Committee .............................................................................................................................................................. 8
27. Rules and Regulations ......................................................................................................................................................................... 8
Part VI – MISCELLANEOUS PROVISIONS .................................................................................................................................................... 8
28. [Deleted by Act No. 18 of 2014, Sch.] ........................................................................................................................................... 8

4, Sch.] ........................................................................................................................................... 8

29. Access to justice ..................................................................................................................................................................................... 8
30. [Deleted by Act No. 18 of 2014, Sch.] ........................................................................................................................................... 9
31. Spent .......................................................................................................................................................................................................... 9
32. Transitional provisions ......................................................................................................................................................................... 9
33. Proceedings pending in the Industrial Court .............................................................................................................................. 9
34. Existing contracts .................................................................................................................................................................................. 9
35.

................................................................................................................................................ 9
35.

Regulations relating to employment and labour relations .................................................................................................... 9
SCHEDULE [s. 25(2)] ......................................................................................................................................................................................... 10

................................................................................................................................................... 10

Employment and Labour Relations Court Act (Cap. 8E) 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]
An Act of Parliament to establish the Employment and Labour Relations Court to hear and determine
disputes relating to employment and labour relations and for connected purposes
[Act No. 18 of 2014, Sch.]
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.

2014, Sch.]
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
(1) 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" means the person holding the office of Chief Registrar established under Article
161 of the Constitution;
"collective agreement" means a registered agreement concerning any terms and conditions of
employment made in writing between a trade union and an employer, group of employers or
employers' organisation;
"Committee" means the Employment and Labour Relations Rules Committee established under
section 23;
"Court" means the Employment and Labour Relations Court established under section 4;
"employee" means a person employed for wages or a salary and includes an apprentice and
indentured learner;
"employer" means any person, public body, firm, corporation or company who or which has entered
into a contract of service to employ any individual and includes the agent, foreman, manager or
factor of such person, public body, firm, corporation or company;
"federation" means a registered federation of trade unions or employers' organisation;
"Judge" means a person appointed in accordance with the provisions of Article 166(1)(b) of the
Constitution;
1

rade unions or employers' organisation;
"Judge" means a person appointed in accordance with the provisions of Article 166(1)(b) of the
Constitution;
1

Employment and Labour Relations Court Act (Cap. 8E) Kenya
"Principal Judge" means the Principal Judge of the Court;
"Registrar" means the Registrar of the Court appointed under section 9;
"Rules" means the rules made under section 27;
"trade union" means a registered association of employees whose principal purpose is to regulate
relations between employees and employers and includes an employers' organisation. (2) Despite subsection (1), until after the first elections under the Constitution, reference in this Act to
the expression "Cabinet Secretary" shall be construed to mean Minister. [Act No. 18 of 2014, Sch.]
3. 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 parties, seek to give effect to the principle objective in subsection (1).

owers under this Act or the interpretation of the rights of
individuals and parties, seek to give effect to the principle objective in subsection (1).

(3) The parties and their representatives, as the case may be, shall assist the Court to further the
principal objective and, to that effect, to participate in the proceedings of the Court and to comply
with directions and orders of the Court. [Act No. 18 of 2014, Sch.]
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
(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 procedure prescribed in Article 165(2) of
the Constitution. (3) The Principal Judge shall hold office for a term of not more than five years and shall be eligible for
re-election for one further term of five years. (4) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the
Chief Justice.

for one further term of five years. (4) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the
Chief Justice.

(5) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principal Judge,
the Judges of the Court may elect any other Judge to have and exercise and perform the powers and
functions of the Principal Judge, and who shall be deemed to be the Principal Judge. [Act No. 18 of 2014, Sch.]
2

exercise and perform the powers and
functions of the Principal Judge, and who shall be deemed to be the Principal Judge. [Act No. 18 of 2014, Sch.]
2

Employment and Labour Relations Court Act (Cap. 8E) Kenya
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
(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.

pal 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. 9. 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 of the Court shall perform the administrative functions of the Court under the
supervision and direction of the Registrar. (3) Deleted by Act No. 18 of 2014, Sch. (4) Deleted by Act No. 18 of 2014, Sch. (5) Deleted by Act No. 18 of 2014, Sch. [Act No. 18 of 2014, Sch.]
10.

(3) Deleted by Act No. 18 of 2014, Sch. (4) Deleted by Act No. 18 of 2014, Sch. (5) Deleted by Act No. 18 of 2014, Sch. [Act No. 18 of 2014, Sch.]
10.

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 qualified magistrate; or
(iii) attained at least ten years' experience as a distinguished academic or legal practitioner or
such experience in other relevant legal field; and
3

iii) attained at least ten years' experience as a distinguished academic or legal practitioner or
such experience in other relevant legal field; and
3

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(b) has demonstrated competence in the performance of administrative duties for not less than three
years. [Act No. 18 of 2014, Sch.]
11. 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 documents in accordance with the
Rules;
(c) the enforcement of decisions of the Court;
(d) certifying that any order, direction or decision is an order, direction or decision of the Court,
the Chief Justice or a Judge, as the case may be;
(e) causing to be kept records of the proceedings and minutes of the meetings of the Court and
such other records as the Court may direct; and
(f) undertaking any other duties assigned by the Court for the benefit of the Court.

of the Court and
such other records as the Court may direct; and
(f) undertaking any other duties assigned by the Court for the benefit of the Court.

(2) The Registrar, the Senior Deputy Registrars, the Deputy Registrars, the Assistant Registrars and
other officers of the Court shall exercise such powers and perform such duties as may be conferred
upon them by this Act, the rule of the Court or any other written law. [Act No. 18 of 2014, Sch.]
Part III – JURISDICTION OF THE COURT
12.

e conferred
upon them by this Act, the rule of the Court or any other written law. [Act No. 18 of 2014, Sch.]
Part III – JURISDICTION OF THE COURT
12.

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 labour
relations including —
(a) disputes relating to or arising out of employment between an employer and an employee;
(b) disputes between an employer and a trade union;
(c) disputes between an employers' organisation and a trade unions organisation;
(d) disputes between trade unions;
(e) disputes between employer organizations;
(f) disputes between an employers' organisation and a trade union;
(g) disputes between a trade union and a member thereof;
(h) disputes between an employer's organisation or a federation and a member thereof;
(i) disputes concerning the registration and election of trade union officials; and
(j) disputes relating to the registration and enforcement of collective agreements.

erning the registration and election of trade union officials; and
(j) disputes relating to the registration and enforcement of collective agreements.

(2) An application, claim or complaint may be lodged with the Court by or against an employee, an
employer, a trade union, an employer's organisation, a federation, the Registrar of Trade Unions,
the Cabinet Secretary or any office established under any written law for such purpose. 4

s organisation, a federation, the Registrar of Trade Unions,
the Cabinet Secretary or any office established under any written law for such purpose. 4

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(3) In exercise of its jurisdiction under this Act, the Court shall have power to make any of the
following orders
(i) interim preservation orders including injunctions in cases of urgency;
(ii) a prohibitory order;
(iii) an order for specific performance;
(iv) a declaratory order;
(v) an award of compensation in any circumstances contemplated under this Act or any written
law;
(vi) an award of damages in any circumstances contemplated under this Act or any written law;
(vii) an order for reinstatement of any employee within three years of dismissal, subject to such
conditions as the Court thinks fit to impose under circumstances contemplated under any
written law; or
(viii) any other appropriate relief as the Court may deem fit to grant. (4) In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as
the Court considers just. (5) The Court shall have jurisdiction to hear and determine appeals arising from -
(a) decisions of the Registrar of Trade Unions; and
(b) decisions of any other local tribunal or commission as may be prescribed under any written
law. [Act No.

ons of the Registrar of Trade Unions; and
(b) decisions of any other local tribunal or commission as may be prescribed under any written
law. [Act No.

18 of 2014, Sch.]
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
(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

ve been
referred for conciliation or mediation, the Court may stay the proceedings and refer the dispute for
conciliation, mediation or arbitration. 5

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(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. [L.N. 19/2012, Sch., Act No. 18 of 2014, Sch.]
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
(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. (2) Deleted by Act No. 18 of 2014, Sch. [Act No. 18 of 2014, Sch.]
18. [Deleted by Act No. 18 of 2014, Sch.]
Part IV – PROCEEDINGS OF THE COURT
19.

n. (2) Deleted by Act No. 18 of 2014, Sch. [Act No. 18 of 2014, Sch.]
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
(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. 6

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. 6

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(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.

mployers' 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. [Act No. 18 of 2014, Sch.]
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. 22. Representation before the Court.

stitution shall be heard by an uneven number of
judges, being not less than three, assigned by the Chief Justice. 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—
(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;
7

hall 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;
7

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(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.

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. 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 sittings of the Court and the selection of Judges for any purpose;
(b) prescribing forms and fees in respect of proceedings in the Court and regulating the costs of
and incidental to any such proceedings;
(c) prescribing the time within which any requirement of the rules is to be complied with;
(ca) delegating judicial, quasi-judicial and non-judicial duties to the Registrar; and
(d) any other matter required under this Act or any other written law. [Act No. 18 of 2014, Sch., Act No. 20 of 2020, Sch.]
Part VI – MISCELLANEOUS PROVISIONS
28. [Deleted by Act No. 18 of 2014, Sch.]
29. Access to justice
(1) The Court shall ensure reasonable, equitable and progressive access to the judicial services in all
counties.

of 2014, Sch.]
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 county as a Judge for the
purposes of this Act. 8

(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. 8

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(3) The Chief Justice may, by notice in the Gazette, appoint certain magistrates to preside over cases
involving employment and labour relations in respect of any area of the country. (4) Subject to Article 169(2)(a) of the Constitution, the magistrates appointed under subsection (3)
shall have jurisdiction and powers to handle—
(a) disputes relating to offences defined in any Act of Parliament dealing with employment and
labour relations;
(b) any other dispute as may be designated in a Gazette notice by the Chief Justice on the advice
of the Principal Judge. (5) Deleted by Act No. 18 of 2014, Sch. [Act No. 18 of 2014, Sch.]
30. [Deleted by Act No. 18 of 2014, Sch.]
31. Spent
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
this Act. (2) A person who at the commencement of this Act is a Judge of the Industrial Court shall be deemed to
have been appointed under this Act for the remainder of that person's term. (3) Deleted by Act No. 18 of 2014, Sch.

ndustrial Court shall be deemed to
have been appointed under this Act for the remainder of that person's term. (3) Deleted by Act No. 18 of 2014, Sch.

(4) Every person who at the commencement of this Act is an employee of the Industrial Court not being
under notice of dismissal or resignation shall, on that day and subject to this Act, be deemed to be
an employee of the Court. [Act No. 18 of 2014, Sch.]
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.]
9

yment 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.]
9

Employment and Labour Relations Court Act (Cap. 8E) Kenya
SCHEDULE [s. 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.

ith 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 Committee shall be given to members of the Committee by the
Secretary.

rs of members agree, at least fourteen days'
written notice of every meeting of 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 organization 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, absence, 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. 10

hall
elect one of their number who shall, with respect to that meeting and the business transacted
thereat, have all the powers of the Chairperson. 10

Employment and Labour Relations Court Act (Cap. 8E) Kenya
(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.
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