Why CJ Koome opposes plans to merge specialised courts with High Court
CJ Martha Koome and Labour CS Florence Bore during the opening of the Annual Conference for Judges of the Employment and Labour Relations Court on Thursday.
The judiciary has written to Parliament opposing plans to merge the Employment and Labour Relations Court and Environment and Land Court with the High Court.
Chief Justice Martha Koome said the proposed constitutional amendment to merge the specialised courts with the High Court was not ideal.
The CJ said the mixed approach envisaged in the proposed constitutional amendments was not the best way forward and the specialised courts should be left as they are.
"There was an informed reason why Kenyans during the constitution-making process demanded specialised attention to the areas of employment and labour relations, and also environment and land and that rationale has not gone away," Justice Koome said.
The National Assembly's Justice and Legal Affairs Committee has proposed that the courts be merged with the High Court, although the Bill has not been published.
The CJ added that the contribution of the two courts to the speedy delivery of justice and robust jurisprudence in areas of particular concern to Kenyans justifies the continued existence of the specialised courts.
Praised the Labour Court
Justice Koome was speaking when she officially opened the annual conference of the Employment and Labour Relations Court (ELRC) in Naivasha.
Present at the event were Cabinet Secretary for Labour and Social Protection Florence Bore and Jacqueline Mugo, chief executive officer of the Federation of Kenya Employers.
The CJ praised the Labour Court, noting that in the first half of the 2023-2024 financial year, the court recorded a case disposal rate of 166 per cent.
She said the court not only received a significant number of cases but also underscored its efficiency and commitment to reducing the backlog of cases.
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Justice Koome also noted that the court's development of the law has contributed to the social transformation envisaged by the Constitution."It (ELRC) has been instrumental in developing jurisprudence that not only addresses contemporary issues to the workplace but also set a benchmark for social justice," she said.
The CJ noted that from upholding the rights of marginalised and vulnerable groups to ensuring safety in the workplace, the ELR court had made significant contributions in keeping with the social justice aspirations of the Constitution.
She said the court had made landmark decisions in areas such as unfair dismissal, collective bargaining, occupational safety and the resolution of disputes arising from economic restructuring, among others.
Alternative dispute resolution
Ms Bore noted that alternative dispute resolution through court-based mediation had been useful in restoring peace and order in the labour sector.
"Our laws need to accommodate all our workers without distinction and to ensure that all workers are afforded dignity," she said.
The CS said the decisions of the ELR court have profound implications for employers and workers and at the same time serve as guiding principles that shape the legal framework for labour relations in the country.
She said forms of employment, work organisation and employment relationships are evolving rapidly and there is a need to adapt the legal framework to promote justice, equity and industrial peace and harmony.
"It is important that we continue to build the expertise and capacity of our judges by equipping them with the necessary tools to adjudicate complex labour disputes effectively," she said.
Ms Mugo urged the ELRC to continue to make use of alternative dispute resolution (ADR) and insisted that labour disputes be subjected to ADR and judicial mediation before the courts intervene. “We believe conciliation always leads to a win-win situation,” said Ms Mugo.
