Establishment of the Industrial Court
Constitution of Kenya (CoK) at Art. 162 provides for the establishment of the industrial court (ICK) by legislation
The ICK deals with employment matters exclusively. The court has the status of High Court
- Comprises judges appointed by President on advice of Judicial Service Commission
- They retire at 70
- They elect one of their own to be Principal Judge who serves for 5 years and may serve for a final further 5 years, and reverts to judge position if s/he has not attained 70
Jurisdictions of the Industrial Court
- Dispute between employer and employee.
- Dispute between employer and Trade Unions.
- Registration of CBAs ( Collective Bargaining Agreement).
- All disputes concerning terms and conditions of employment.
- Appellate jurisdiction, etc
Relief/Remedies by Industrial Court
- Grant of urgent interim relief.
- Order for prohibition.
- Declaratory order.
- Award of compensation.
- Award of damages.
Powers of Court
- Execution of orders/decrees
- Stay of proceedings