BY SAM ALFAN.
The Judiciary has opposed plans to merge the Employment and Labour Relations court and Environment and Land Court with the High Court.
Chief Justice Martha Koome said the Judiciary has written to the leadership of Parliament.
The Chief Justice contends that there was informed reasoning that prompted Kenyans to demand for specialised courts to handle employment and labour relations, and also environment and land matters.
“The contribution by the two courts to expeditious delivery of justice and a robust jurisprudence in these areas of special concern to Kenyans justify the continued existence of the specialised courts,” CJ Koome told the Annual Conference of Judges of the Employment and Labour Relations Court on Thursday.
The CJ further revealed that the ELRC registered a case clearance rate of 166 per cent in the first half of the 2023/2024 Financial Year after resolving 3,414 cases.
“However, the challenge of backlog remains a pressing concern. With a considerable number of cases pending beyond a year, our shared goal must be to intensify efforts to reduce this backlog, ensuring timely justice for all parties involved. As at the end of December 2023, the Court had 9,362 pending cases,” she highlighted.
She indicated that out of these pending cases, 7,837 matters have been in court for more than one year, which means they fall within the Judiciary’s definition of case backlog.
The CJ observed that the rate of adjournments reduced from 3 per cent that was recorded the previous financial year, to an adjournment rate of 2 per cent of scheduled cases during the first half of this Financial Year. “This reduction signifies a commitment to expediting the judicial process, further enhancing the court’s efficiency.”
She noted that the court’s jurisprudence has contributed to the social transformation envisioned by the Constitution by addressing contemporary issues at the work place but also setting a benchmark for social justice.
“From upholding the rights of marginalized and vulnerable groups to ensuring workplace safety, the court has made significant contributions that resonate with the social justice aspirations of our Constitution,” she opined.
She singled out landmark judgments in areas such as unfair dismissal, collective bargaining, occupational safety, and the resolution of disputes arising from economic restructuring receiving critical commentary and citation by scholars within and outside Kenya.
