Ten years ago, when the ELRC was established as one of our Superior Courts, it embarked on a journey of finding its footing within our constitutional system. Since then, it has emerged as a beacon of fairness that addresses the evolving complexities of the modern workplace and protects the rights and interests of employees and employers.
The ELRC has been more than just a court; it is a catalyst for change. It has been a driver for the social transformation envisaged by the Constitution. It has not merely interpreted the law but has developed a unique, indigenous social justice jurisprudence that fits the distinctive dynamics of our society and the modern workplace. It has opened the doors to transformative justice in the workplace.
The theme of this anniversary celebration, which is ‘The Place of the Employment and Labour Relations Court in Promoting Social Justice and Economic Prosperity’ reflects the core mandate of the ELRC, which is to uphold the dignity and rights of workers and employers, to foster harmonious industrial relations and to contribute to the social and economic development of our nation.
The ELRC has contributed to economic prosperity by creating a stable and conducive environment for industrial relations. It has done this by facilitating dialogue and cooperation between workers and employers.
The ELRC has interpreted and applied the Constitution, the Employment Act, the Labour Relations Act, the Labour Institutions Act, and other relevant laws in a progressive and purposive manner, taking into account the realities and challenges of our labour market.
A few examples of contributions by the ELRC to our growing body of social justice jurisprudence include the recognition of domestic workers as employees entitled to minimum wages, social security, and other benefits; the declaration of unfair dismissal and award of compensation for employees who were terminated on account of their HIV status, pregnancy, disability, or religious faith and the affirmation of the right to collective bargaining for workers.
Others are the enforcement of occupational safety and health standards and compensation for workers who suffered injuries or diseases at work; promotion of gender equality and non-discrimination in employment opportunities, remuneration, and career progression; resolution of disputes arising from restructuring, privatization, and outsourcing.
These demonstrate that the ELRC has become a beacon of hope in the labour market. It is making a positive difference in the lives of many workers and employers.
With an impressive Case Clearance Rate of 168 percent in the third quarter of the 2022/2023 financial year and reduction of case backlog by 18pc, the court has proven itself as a beacon of efficiency.
I urge the court to continue with this positive trajectory and prioritise the 2,293 cases that have been pending in the court for over three years for resolution by December of this year.
The ELRC has not stopped at efficiency. It has pushed the boundaries of justice delivery by embracing the multi-door approach that we are championing under the Social Transformation through Access to Justice (STAJ) vision by recognising that justice can be achieved in multiple ways, through mediation, conciliation, and our own traditional justice systems (AJS).
By embracing virtual hearings and e-filing, the ELRC has ensured that it leverages on technology to enhance accessibility and efficiency.
Today, we have 10 ELRC court stations, three of which are regularly served by visiting judges, and an additional 11 sub-registries. This increasing footprint of the court is a testament to our pledge to bring justice closer to the people, to ensure that every Kenyan, no matter where they live, has access to fair and impartial judgement.
We have established three divisions of the court – the Judicial Review & Labour Rights, the Appeals Division, and the Claims and Labour Relations division. This strategic decision allows us to tackle the challenges of the ELRC’s caseload effectively, delivering justice without delay.
I recognise the outstanding leadership of the past and present Principal Judges, Honourable Justices Mathews Nduma Nderi, Maureen Onyango, and Byram Ongaya. Your dedication and commitment has been instrumental in shaping the ELRC into the beacon of hope it is today.
The achievements of the ELRC are due to the hard work, dedication, and innovation of the Judges of the ELRC, the Registrar of the ELRC, the Deputy Registrars, and staff. I thank you all for your exemplary service to this court and to our country.
I also acknowledge the invaluable support and collaboration that the ELRC has received from its stakeholders in the labour sector such as trade unions, employers’ associations, the Ministry of Labour and Social Protection and our development partners.
May the next decade see the ELRC grow from strength to strength, continue to advance fair labour practices, and contribute significantly to the social and economic prosperity of our nation.
(This is an abridged version of the speech delivered by Hon. Justice Koome, the Chief Justice and President of the Supreme Court of Kenya, during the opening of the Employment and Labour Relations Annual Symposium and Exhibition).
