Rule 1 of The Employment and Labour Relations Court (Procedure) Rules: Citation
These Rules may be cited as the Employment and Labour Relations Court (Procedure) Rules.
The Employment and Labour Relations Court (Procedure) Rules in Kenya
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84 resultsRule 2 of The Employment and Labour Relations Court (Procedure) Rules: Interpretation
In these Rules, unless the context otherwise requires— “appeal” means an appeal made to the Court by any party against an award, order, decision or decree of the Registrar of Trade Unions, Cabinet Secretary, Director of Occupational Safety and Health’ Subordinate Court, local tribunal or commission…
Rule 3 of The Employment and Labour Relations Court (Procedure) Rules: Sittings of the Court
The Court may sit in any station established by the Chief Justice in consultation with the Principal Judge or, such place as the Court may order if circumstances of the case warrant it.
Rule 4 of The Employment and Labour Relations Court (Procedure) Rules: Divisions of the Court
The Chief Justice may, where the workload and number of Pivisions of the judges in a station permit, establish any of the following divisions of the Courts— (a) the claims and labour relations division which shall handle ordinary actions, trade disputes, registration of collective bargaining agreeme…
Rule 5 of The Employment and Labour Relations Court (Procedure) Rules: Sub-registries and circuit courts
(1) The Chief Justice may establish a sub-registry of the Court pr a circuit court for reasonable, equitable and progressive access to justice in any part of the Country. (2) For purposes of subrule (1), the Chief Justice may designate a Judge responsible for a sub-registry or a circuit court.
Rule 6 of The Employment and Labour Relations Court (Procedure) Rules: Place of suing and hearing
(1) Proceedings before the Court shall be instituted at the Court's registry or sub-registry with respect to the county where— (a) the claimant, petitioner or applicant, at the time of commencement of the proceedings, actually and voluntarily resides or carries on business or personally works for ga…
Rule 7 of The Employment and Labour Relations Court (Procedure) Rules: Institution of claims
(1) A person who wishes to refer a dispute to the Court under any written law shall file a statement of claim setting out— (a) the name, physical and postal address, e-mail address, telephone number and full particulars of the claimant,’ respondent or any other party to the dispute; (b) the facts an…
Rule 8 of The Employment and Labour Relations Court (Procedure) Rules: Statement of claim pursuant to the Labour Relations Act
(1) Where a labour dispute is referred to the Court in accordance with the provisions of the Labour Relations Act (Cap. 233)— (a) the statement of claim shall be signed by the authorized representative of the party referring the labour dispute to the Court; or (b) where the labour dispute has been t…
Rule 9 of The Employment and Labour Relations Court (Procedure) Rules: Statement of Claim Issued other than under the Labour Relations
Where a claim is filed in the Court other than a reference under the Labour Relations Act (Cap. 233) under rule 8, the statement of claim shall— (a) be signed by the claimant or by the advocate of that claimant; or (b) if the claimant is a body corporate, be signed by an authorized officer of the bo…
Rule 10 of The Employment and Labour Relations Court (Procedure) Rules: Institution of petition and judicial review proceedings
(1) Any person who wishes to institute a petition shall do so in accordance with the Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules (Sub. Leg). (2) Any person who wishes to institute judicial review proceedings s…
Rule 11 of The Employment and Labour Relations Court (Procedure) Rules: Appeals
(1) An appellant shall, before filing a memorandum of appeal, request in writing from the court, person or body whose decision is under appeal, copies of the proceedings, any documentary evidence relied on and a copy of the judgment, ruling, decision, order, decree or award appealed against. (2) A p…
Rule 12 of The Employment and Labour Relations Court (Procedure) Rules: Time for filing appeals
(1) Where a written law provides for an appeal to the Court, an appellant shall file a memorandum of appeal with the Court within the time specified under that written law. (2) Where an appeal is from a magistrate’s court or where no period of appeal is specified in the written law referred to in su…
Rule 13 of The Employment and Labour Relations Court (Procedure) Rules: Service of memorandum of appeal
A memorandum of appeal shall be served upon the respondent within twenty-one days from the date of filing.
Rule 14 of The Employment and Labour Relations Court (Procedure) Rules: Form of memorandum of appeal
A memorandurn of appeal shall be in Form 1 as set out in the First Schedule with necessary modification.
Rule 15 of The Employment and Labour Relations Court (Procedure) Rules: Record of appeal
(1) A memorandum of appeal shall be accompanied by a record of appeal comprising a certified copy of pleadings, the proceedings, any documentary evidence relied on, and the judgment, ruling, decision, order, decree or award appealed against. (2) Where the record of appeal is not filed together with…
Rule 16 of The Employment and Labour Relations Court (Procedure) Rules: Supplementary memorandum and record of appeal
The appellant may, with the leave of the Court, file and serve a supplementary memorandum of appeal or a supplementary record of memorandum and record of appeal.
Rule 17 of The Employment and Labour Relations Court (Procedure) Rules: Cross appeals
(1) The respondent may file and serve a cross appeal by way of a cross memorandum of appeal in Form 1 as set put in fee First Schedule with the necessary modifications, setting out the grounds of the cross appeal. (2) A cross appeal shall be filed and served within twenty-one days from the date of s…
Rule 18 of The Employment and Labour Relations Court (Procedure) Rules: Extension of time
The Court may, if circumstances justify, extend the time prescribed for the filing of an appeal or any document relating to an appeal.
Rule 19 of The Employment and Labour Relations Court (Procedure) Rules: Preparations and service of supplementary record of appeal
(1) If a respondent is of the opinion that the record of appeal is defective or insufficient for the purposes of the respondent’s case, the respondent may lodge copies of a supplementary record of appeal containing copies of any further documents or any additional parts of documents which are, in th…
Rule 20 of The Employment and Labour Relations Court (Procedure) Rules: Filling
(1) An appellant may file and serve a memorandum of appeal or record of appeal together with written submissions. (2) A respondent may file and serve a memorandum of cross appeal together with written submissions on the appeal and cross appeal. (3) The Court may give directions on filing and service…
Rule 21 of The Employment and Labour Relations Court (Procedure) Rules: Stay of execution in case of appeal
(1) Where an application for stay of execution pending appeal has been lodged, the applicant shall, in the supporting affidavit, declare whether a similar application has been filed in any other court. (2) An application for stay of execution pending appeal shall be filed in the appeal file.
Rule 22 of The Employment and Labour Relations Court (Procedure) Rules: Hearing of appeals
(1) The Registrar shall fix an appeal for directions on hearing by the Court within sixty days from the date the memorandum of appeal is filed. (2) Where, on the day fixed for hearing or on any other day to which the hearing may be adjourned to, the appellant does not appear when the appeal is calle…
Rule 23 of The Employment and Labour Relations Court (Procedure) Rules: Suits by several persons
(1) A suit may be instituted by one party on behalf of other parties with a similar cause of action. (2) Where a suit is instituted by one person on behalf of other parties, that person shall, in addition to the statement of claim, file a letter of authority signed by all the other parties: Provided…
Rule 24 of The Employment and Labour Relations Court (Procedure) Rules: Filing procedures
(1) A party shall file pleadings electronically and shall, within seven days of the filing, supply the Court with one hard copy of the pleadings or such number of hard copies as the Court may direct. (2) Each electronic and hard copy of pleadings shall be in a bundle properly arranged with a table o…
Rule 25 of The Employment and Labour Relations Court (Procedure) Rules: Service of summons
(1) The Court shall issue summons in Form 2 as set out in the First Schedule. (2) Each claimant, the claimant’s advocate or other person authorized by the claimant shall, through a qualified process server, serve the summons issued under subrule (1) on the respondent together with the statement of c…
Rule 26 of The Employment and Labour Relations Court (Procedure) Rules: Service of summons by electronic mail service
(1) A summons sent by electronic mail service shall be sent to the respondent's last confirmed and used e-mail address. (2) Service shall be deemed to have been effected when the sender receives a delivery receipt. (3) A summons shall— (a) be deemed to have been served on the day which it is sent if…
Rule 27 of The Employment and Labour Relations Court (Procedure) Rules: Service of summons by mobile-enabled messaging application
(1) A summons may be sent by mobile-enabled messaging application to the respondent's last known and used telephone number. (2) A summons shall— (a) be deemed served on the day which it is sent if it is sent within the official business hours on a business day in the jurisdiction sent; or (b) if it…
Rule 28 of The Employment and Labour Relations Court (Procedure) Rules: Service on a cooperate body
(1) Service on a corporate body may be effected— (a) on the secretary, director or any other authorized officer of the corporate body; or (b) where the process server is unable to find any of the officers of the corporate body mentioned in paragraph (a), by— (i) leaving the pleadings at a conspicuou…
Rule 29 of The Employment and Labour Relations Court (Procedure) Rules: Response to pleadings
(1) If a party served with a statement of claim intends to respond, the party shall, within twenty-eight days from the date of service (or such shorter time as the Court may direct in urgent matters for reasons given in writing), enter appearance and file and serve a response to the claim. (2) A res…
Rule 30 of The Employment and Labour Relations Court (Procedure) Rules: Notice to third and subsequent parties
(1) Where a respondent claims as against any other person not already a party to the suit (hereinafter called the “third party”)— (a) that the respondent is entitled to contribution or indemnity; or (b) that the respondent is entitled to any relief or remedy relating to or connected with the origina…