Kenyan Labour Law

Employment and Labour Relations Court (ELRC)

The specialised court in Kenya with exclusive jurisdiction over employment and labour disputes, including unfair dismissal, wage theft, and discrimination at work.

Legal Definition

Established under Article 162(2) of Kenya's 2010 Constitution and the Employment and Labour Relations Court Act 2011, the ELRC has the same status as the High Court. It hears disputes between employers and employees, trade union matters, and appeals from the Labour Commissioner. Filing is relatively accessible — claimants can represent themselves in straightforward matters.

📖 Constitutional / Statutory Basis: Article 162(2) of Kenya's Constitution 2010

Practical Example

A Nairobi factory worker is dismissed for joining a trade union. The dismissal is automatically unfair under the Employment Act 2007. The worker files a claim at the ELRC seeking reinstatement and back pay. The court orders reinstatement.

Frequently Asked Questions

How do I file a claim at the ELRC in Kenya?

File a statement of claim at the ELRC registry (Nairobi or a regional station). The court has a dedicated filing desk. There is a filing fee (waivable for those who cannot afford it). You should attempt mediation first — the court requires parties to certify that settlement was attempted.

How long do I have to file an unfair dismissal claim in Kenya?

Under the Employment Act 2007, claims must be filed within 3 years of the cause of action. However, it is strongly advisable to file as soon as possible — evidence and witnesses are easier to secure early.

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