Judges and magistrates push for mediation to reduce backlog of cases

"When the disputes are filed in court, we are supposed to solve the matters taking into consideration the fact of the case as pleaded and evidence presented before us. We don't consider anything else," said Nzei.

Presiding Justice Monica Mbaru urged employees to embrace trade unions as they will be able to defend them as they continue with work.

"If there are employees who are not presented by a trade union they need to rethink that," said Mbaru.

Federation of Kenya Employer (FKE) official Joseph Nyaga said that ELRC pronouncements by judges have helped the dispute tribunals in handling small cases.

"As FKE we help to advise employers and employees. Since the ERLC was formed, it has been able to help in addressing the cases. The matters are handled quickly, some in less than a year. Before the formation of ELRC, tribunals and their pronouncements did not help as much for lack of a legal basis," said Nyaga.

Mombasa Law Society of Kenya chairman Charles Opulu said there is a need to tinker with the Employment Act to be realistic with times. He said that employers think that ELRC favours employees.

"I wish to see the days when a shamba boy working for a judge gives me instructions to represent them. I would love to understand how you interpret these laws," said Opulu.

He said there is a need to increase the court branches in Voi and Kwale because the distance travelled by the litigants is long.