Industrial Court of Kenya

 Industrial Court of Kenya

Establishment: The Industrial court is established in pursuant of Article 162 (2) (a) of the Constitution of Kenya 2010, for the purpose of settling employment and Industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in Kenya.

The Industrial Court is a superior court of record with the status of the High Court and shall and exercise jurisdiction throughout Kenya.

Jurisdiction

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 the Industrial Court 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 employer’s organisation and a trade union’s organization,

 (d) disputes between trade unions,

 (e) disputes between employer organisations,

(f) disputes between an employer’s organisations,

 (g) disputes between an employer’s organisation and trade union,

 (h) disputes between a trade union and a member thereof,

 (i) disputes between an employer’s organisation or a federation and a member thereof,

 (j) disputes concerning the registration and election of trade union officials, and

(k) disputes relating to the registration and enforcement of collective agreements.

Appellate Jurisdiction

The court shall have appellate jurisdiction to hear and determine appeals from:-

 (a) decisions of the Registrar of trade unions, and

 (b) any other court, local tribunal or commission and prescribed under any Written Law.

POWERS OF THE INDUSTRIAL COURT

In exercise of its jurisdiction, 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 the Industrial Court Act or any written Law.

(vi)                   an award of damages in any circumstances contemplated under the Industrial Court 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.

(viii)          any other appropriate relief as the court may deem fit to grant.

COMPOSITION OF THE COURT

The court shall consist of; (a) The Principal Judge; and (b) Such number of Judges as the President may, acting on the recommendations of the Judicial Service Commission, appoint (1) The Principal Judge shall be elected in accordance with the procedure prescribed in Article 165 (2) of the Constitution. (2) 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. (3) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the Chief Justice. (4) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principle 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 Principle Judge.