The Industrial Court is set to undergo far-reaching reforms, including a change of name, in new proposals currently before Parliament.
The Statute Law Miscellaneous (amendment) Bill 2014, proposes to change its name to the Labour Relations Court, in the measures aimed at raising the status of the court and bringing it in conformity with its role as an arbiter of industrial disputes.
Under the proposals, the court will cease holding the status of a High Court, and instead, align itself with the functions of an appellate court, as currently defined under the Industrial Court Act. The judges will be known as ‘Presiding judges’ instead of the current ‘Principal judges’.
Under the current Act, the Industrial Court is mandated to ensure a smooth labour environment by arbitrating labour disputes between employers and employees.
“In pursuance of Article 162(2)(a) of the Constitution, the Industrial Court is established for the purpose of settling employment and industrial relations disputes and securing good employment and labour relations in Kenya,” the Act reads.
According to lawyer Judith Guserwa, the change of name will align the court with its functions as defined in the Industrial Court Act and increase the public confidence in it.
“Those who want to stick to the designation of the court as the Industrial Court are living in the past. The change of name will help the court perform its current functions even much more, and enhance the reputation it has built since the enactment of the new constitution,” she said.
Determine appeals
As an appellate jurisdiction, the court has the power to hear and determine appeals arising from the decisions of Registrar of Trade Unions and the decisions of any other commissions or tribunal specified in law.
Lawyer Donald Muyundo, says that the face of the court has significantly improved in the last three years and the current amendments are in line with the changes envisaged in the Constitution.
“The increase in the number of cases being taken to the court is a testimony that there is more confidence in the court. The change of name is significant since the court is already performing most of the functions envisaged in the Act,” he said.
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