Category: Uncategorized

By Irene Mwende

The employment and Labour one of the Superior Courts, which has been a driver for social transformation as envisaged by the Constitution.

Chief Justice and President of the Supreme Court of Kenya Martha Koome, speaking during the event held at the KICC in Nairobi, noted that the mandate of the ELRC is to uphold the dignity and rights of workers and employers, foster harmonious industrial relations, and contribute to the social and economic development of the nation.

Koome congratulated ELRC’s commitment to service delivery with an impressive Case Clearance Rate of 168% in the third quarter of the 2022/2023 financial year and a reduction of case backlog by 18%, which proves the Court as a beacon of efficiency.

The court contributes to economic prosperity by creating a stable and conducive environment for industrial relations and by facilitating dialogue and cooperation between workers and employers, she added.

The Chief Justice went on to say, “ELRC has pushed the boundaries of justice delivery by embracing the multi-door approach and has recognised that justice can be achieved in multiple ways, through mediation, conciliation, and traditional justice systems (AJS).

Consequently, this diverse approach has made justice accessible and also helped to resolve disputes in a timely, amicable, and cost-effective manner, thus saving time and resources for both employers and employees.

Speaking at the same event, Deputy Chief Justice Philomena Mwilu pointed out that the ELRC has a unique place in the administration of justice with its specialised jurisdiction to deal with matters concerning employment and labour relations.

Justice Mwilu highlighted the Judiciary’s strategic vision, Social Transformation Through Access to Justice, which emphasises a people-centred justice approach that places the justice needs and justice problems faced by Kenyans at the centre of the administration of Justice.

“I urge you to engage, to learn, and to share jurisprudence, experiences, ideas, and best practises, for it is through the cross-fertilisation of these ideas, innovations, and approaches that our legal processes, frameworks, and jurisprudence on issues of employment and labour relations will be improved,” she emphasised.

At the same time, Principal Judge Byram Ongaya noted that the Kenya Vision 2030 aims to transform Kenya into a newly industrialising middle-income country, providing a high quality of life in a clean and secure environment, based on its economic, social, and political pillars.

Ongaya further analysed the objectives of the court, including creating and promoting awareness about the role of the Court; stakeholder sharing of best practises and experiences in the employment and labour relations sector; sharing emerging jurisprudence; providing a platform for stakeholders to exhibit innovations, productivity, and service delivery systems and requirements; and promoting harmony and common approaches in human resource management.

“As a Court, we seek to enhance our appreciation, not only to learn new things but also to rediscover new ways of learning for a more just, proportionate, and expeditious resolution of the disputes that are brought before us,” he added.

By Jeff Kizzilah

The Kenyan mining industry with bigger investments propelled by growing hopes of the government lifting a ban on new exploration licenses to tap billions lying in mineral reserves.International investors and local stakeholders in the sector have lined up events that they intend to use to revive investments and push the new administration to lift the moratorium that has locked out billions in capital.The mining act which was enacted in 2016 was to set frameworks and principles and strategies in promoting exploration and exploitation of mine.Therefore as Kenya Chamber of Mines brings together private and government players during Kenya Mines Week ahead of the planned rollout of a national digital mineral map, part of sector-wide reforms.International investment firm JIC Holdings is also planning a mining expo later this year that will bring in investors from around the world to explore Kenya’s untapped mineral wealth.When he represented the Cabinet Secretary of Trade and Industry Hon. Moses Kuria,the Principal Secretary Investments and Promotion Hon. Abubakar Hassan confirms that the State maintains the freeze was necessary for streamlining the sector, mapping mineral resources, and ensuring the validity of permits and activities.He said the mines policy was established to promote the use of technology and airborne geophysical technology.Total earnings from mineral production last year increased 16.6 percent to Sh35.2 billion but experts predict the country has a huge untapped potential.The ministry say that the Mining Act 2016 aims to reform the sector and allow the flow of new investments but the productivity has remained low.The Chairperson of Kenya Chambers of Mines Mr. Patrick Kanyoro has asked all miners to take mining to the next level and lets support the industry because gold is a silver of wealth “,he added

Gitonga Murugaru, MP, Chair National Assembly Justice & Legal Affairs Committee at KICC Nairobi.
By Benard Mulwa
The Employment and Labour Relations Annual Symposium and Exhibition (ELRASE) kicked-off in Nairobi today that also saw the court and its stakeholders celebrate 10 years of judicial service delivery to Kenyans. Speaking at the event Chief Justice Martha Koome said the Judiciary has established three divisions to enable the institution tackle the challenges of the ELRC’s caseload effectively and delivering justice without delay.
She said the Judiciary has taken decisive steps to accelerate service delivery in the capital by creating the Judicial Review & Labour Rights, the Appeals Division, and the Claims and Labour Relations division. This, the CJ noted during the opening ceremony of the four-day symposium that the creation of the divisions is in recognition of the considerable volume of cases emanating from Nairobi.

The Chief Justice said the court has made contributions to the growing body of social justice jurisprudence through the recognition of domestic workers as employees entitled to minimum wages, social security, and other benefits. It has also declared itself on the unfair dismissal and award of compensation for employees who were terminated on account of their HIV status, pregnancy, disability, or religious faith.

She also revealed the Judiciary has extended the reach of the ELRC across the country by establishing 10 ELRC stations and an additional 11 sub-registries to increase access to justice. The Chief Justice said that increasing footprint of the Court is a testament to the Judiciary’s pledge to take justice closer to the people, to ensure that every Kenyan, no matter where they live, has access to fair and impartial judgement.

She urged the ELRC to strive towards becoming the model employment court in Africa, a shining example for others to emulate. Further, she asked the Court to prioritize the 2,293 cases that have been pending in the court for over three years for resolution by December of this year. “Let us continue to develop progressive social justice jurisprudence, to innovate in service delivery, and to leverage technology to become a fully digital court,” said the CJ. She commended the court for posting an impressive Case Clearance Rate of 168 per cent in the third quarter of the 2022/2023 financial year and reduction of case backlog by 18 per cent, terming it a beacon of efficiency.

She urged the Court to continue working closely with stakeholders in the labour industry through the Court User Committees (CUCs), to ensure that Kenya’s justice system is responsive and adaptive to the changing realities of our labour market.

Deputy Chief Justice Philomena Mwilu urged delegates to reflect on the place of the court and all its key stakeholders in relation to the Social Transformation through Access to Justice (STAJ) vision towards developing realistic, contextual & sustainable strategies through which dispensation of justice in this critical area can be substantively improved. She said harmonious industrial relations and a conducive work and business environment are central to our individual and national development.

ELRC Principal Judge Byram Ongaya said the symposium is part of the continuing national conversation about implementation of the Kenya Vision 2030 and the Constitution of Kenya, 2010 adding that it offers an opportunity, in the immediate narrower sense, to reflect upon the role and impact of the Judiciary and in particular the ELRC since its establishment over ten years ago.

The four-day symposium is themed: The Place of Employment of Labour Relations Court in Promoting Social Justice and Economic Prosperity. It will bring together stakeholders of the Court to discuss issues affecting the employment and labour sector.

-End.

The COMESA Federation of Women in Business (COMFWB) Secretariat, with
the financial support of the AUDA-NEPAD/Spanish Fund launched Business
Incubators for African Women Entrepreneurs (BIAWE 2) pilot project in Kenya.

Speaking during the launch, Hon. Moses Kuria, HSC, Cabinet Secretary, Ministry of Investments, Trade, and
Industry, delivered the keynote speech which highlighted the importance of empowering women
entrepreneurs and their contribution to the economy.

“The forty women enterprises who
benefitted from BIAWE Project Phase will continue to thrive and mature into sustainable and large
enterprises for they will in turn contribute to creating jobs and wealth, as well as contribute to local, regional,
and global development agendas,” stated Hon. Moses Kuria.

He added that they will in turn contribute to creating jobs and wealth, as well as contribute to local, regional and global development agenda such as, Bottom Up
Economic Transformation Agenda (BETA), Kenya Vision 2030, African
Union Agenda 2063 and United Nation Sustainable Development Goals.

“Having said that ladies and gentlemen, it is important to reaffirm that the
Government of Kenya is committed towards mainstreaming of women in
economic activities, including in the manufacturing sector,”concluded Hon Moses Kuria.

Also speaking at the event Principal Secretary for the State Department of Industry Dr. Juma Mukhwana expressed great pleasure in addressing the gathering and celebrating the
achievements of the BIAWE project.

“It gives me great pleasure to address this gathering, as we come together to celebrate a great milestone, the Business Incubator for African Women Entrepreneurs (BIAWE) project, which was successfully implemented by KIRDI, and also launch the second phase of the
project,” said Dr Juma.

He also emphasized the institution’s commitment to remain a key player in the advancement of the manufacturing sector in Kenya.

In her speech, Secretary General of COMESA, Ms Chileshe Mpundu Kapwepwe addressed the challenges faced by women
entrepreneurs, including the lack of business planning, marketing, and management skills, as well as limited
access to business development and financial services due to cultural biases.

She concluded by stressing the need to bridge these gaps and create an enabling environment for women entrepreneurs to thrive.

The BIAWE 2 project will provide women entrepreneurs with business incubation services, mentorship, training, access to markets, and financial support.

By addressing these challenges, the project aims to unlock the potential of women-owned enterprises and contribute to economic growth, job creation, and the
achievement of national and regional development goals.

The launch of BIAWE 2 marks a significant step towards empowering African women entrepreneurs and fostering inclusive economic development.

COMFWB, in collaboration with its partners, is committed to
supporting women-owned enterprises, promoting gender equality, and driving sustainable change across the
African continent.

The BIAWE 2 project builds upon the success of its predecessor, BIAWE 1, and aims to empower women entrepreneurs in Africa by providing them with the necessary support and resources for
business incubation.

BY WILSON MANDELA

This summit was organized by World Animal Protection has called on the African Governments to promote sustainable and humane animal production systems to promote climate restoration. Dr. Victor Yamo, The Farming Campaigns Manager at World Animal protection said; “The rapid growth of the human population particularly in Africa, coupled with increasing affluence, has led to a surge in demand for animal products. Consequently, intensification of livestock production is gaining popularity to meet this demand.

However, intensive livestock production is associated with significant animal abuse, water and environmental pollution, deforestation, biodiversity loss and increased greenhouse gas emissions, making it an unsustainable method of food production.”

The two-day Protein Summit highlighted the urgent need to mitigate the adverse environmental impacts of intensive livestock production systems and emphasized the importance of preserving traditional, resilient, and humane production systems that support small-scale farmers in the region.In the summit, presenters highlighted numerous negative impacts associated with intensive livestock production systems, including compromised animal welfare, public health concerns, and adverse effects on the environment and climate such as increased greenhouse gas emissions through deforestation for animal feed production and high fertilizer use.

Therefore, the excessive nutrient excretion from overfed animals further contributes to higher emissions. These negative externalities are often overlooked, particularly in developing nations striving to combat poverty and achieve food security.The Summit recognized that Africa’s green house gas emissions are mainly from the Agriculture, Forestry and other land-use change estimated at 65% of the continent’s emissions.

Furthermore, it was further recognized that whilst there is room for the lowest meat consumption countries in Africa to increase rates of meat consumption to meet nutritional needs, embracing intensive livestock production systems will not only endanger food and nutrition security but also the livelihoods of small holder producers while worsening the superbug crisis and the climate crisis.

The meeting agreed to call on African governments to:Acknowledge and regulate the green house gas emissions from animal agriculture and hold agricultural companies with high emissions accountable for their carbon footprint and low regard for animal welfare. Protect small holder livestock producers by empowering them with animal husbandry knowledge and skills while providing them with timely climate information and early warning systems to stay competitive in the market.Redirect subsidies provided to large agribusinesses towards smallholders, who are the backbone in feeding the growing population in Africa.

Increase awareness on alternative protein sources that can be used to meet nutrition requirements while directing resources towards awareness creation to achieve attitude and behaviour change from intensive meat consumption to alternative protein sources.

In conclusion, African governments need to bring stakeholders together to create a policy statement on sustainable agricultural production. All food systems actors must be engaged in a dialogue towards a humane and sustainable food system.

BY NJOKI KARANJA

The Pan African Climate Justice Alliance (PACJA) organized the training in partnership with Kenyatta University, which opened the third Nairobi Summer School of Climate Justice (NSSCJ) cohort in Nairobi Kenya.

Addressing participants, Dr. Mithika Mwenda, the Executive Director of PACJA commended the youth for active participation in the two-week-long learning and called them for the next challenge of advocating for Climate Justice. With the knowledge and skills, you’ve gained from this program, you can become the driving force behind Africa’s climate justice agenda. You now understand that climate change is not simply an environmental issue but also a social, economic, and political one, Dr. Mithika Encourage Cohort Three Alumni. Dr. Mithika said youth are active and a strength of the continent hence their role is key in  advancing Climate Justice Advocacy.

As Africa’s youth, you are the future and the present. You are today’s leaders, shaping the  destiny of your continent and the planet. You are the champions of climate justice, inspiring  hope and change in your generation and beyond. So don’t stop now. This is only the beginning,”
Dr. Mithika challenged.

The Nairobi Summer School has been happening in partnership with Kenyatta University. Dr. James Koske, Executive Dean, of the School of Agriculture and Environmental Science at Kenyatta University, shared a commitment of the University to continually support the process and called youth to sharpen their skills in climate change and the environment. He emphasized that none can deny that the effects of climate change are real and called for joint efforts for climate action.

“I myself speaking, I am a witness to climate Change issues. We have had policies on Climate Change. When we went to school many years ago there was rain, and rivers were flooding and it was hard to cross. Today they are no more. Therefore, we don’t need to persuade you that Climate Change is occurring, you are naturally persuaded and you need to know that this is not an individual task; everybody is involved and that is why you are here”, said James Koske.

The Director of Programmes at the All Africa Conference of Churches, Dr. Ezekiel Lesmore said that addressing the adverse impacts of climate change requires solidarity and no one should work in isolation.

“We will remain accountable here or there. The question is what you shall respond about your contribution to climate action because Climate Change is a matter of life and death,” stressed Dr. Lesmore.

In her remarks, the Ambassador of Sweden to Kenya, HE Caroline Vicini, acknowledged the role of PACJA in equipping youth with skills on climate justice and climate change and said that information is power. She said that the skill gained by youth indicated that the future is in their hands.

“The school is important to base activism on science. I know it’s not easy but nothing works in isolation. It’s important to be informed and I am hopeful that this generation will be better than their leaders today”,  HE Ambassador Caroline concluded.

By Jeff Kizzilah.
Many African citizens have lost faith in the ability of their nations’ courts to provide timely or just closure to their grievances but need an alternative dispute mechanisms.

Even when courts are involved while they may address the legal question, since they are not focused on conflict resolution or mitigation they may miss the underlying catalyst. At times, court judgments can escalate disputes. As one Nigerian lawyer noted, “when the judge proclaims a winner that is the beginning of the real conflict.”2 Formal litigation, grounded in an adversarial process, is limited in ensuring fairness and satisfaction for disputes.

According to Mrs. Foluke Akinmoladun, the Manager Solicitor of Trizon Law in Nigeria who spoke during the 7th CIAarb Lenya Branch international conferencehosted in Kenya, she emphasized the importance of African countries handling their disputes through local legal measures rather than relying on foreign entities. Akinmoladun highlighted the existence of well-trained arbitration councils and qualified professionals within Africa who possess the skills necessary to handle African cases and conflict resolution. She argued that it is crucial for Africa to train and provide opportunities to African arbitrators, regardless of whether the continent is ready for international arbitration.

The solicitor manager insisted that African nations should share legal jurisdiction to support African arbitrators in representing them internationally. However, the diverse legal processes across African states, including Islamic law, civil law, and commercial law, pose a significant challenge that requires harmonization. Akinmoladun emphasized the need to develop local international capacity for African arbitrators to be recognized globally, using the example of Singapore, which has successfully built the capacity to handle both international and local cases, including government disputes.

“Lack of confidence in the justice sector has a profound impact on governance in a society,” Akinmoladun added. As an arbitrator, she identified the greatest challenge faced by African states’ professionals as the lack of proper funding from governments and donors to enhance the capacity to handle African disputes.

The call for Africa to resolve its disputes locally comes in response to the loss of faith that many African citizens have experienced regarding their nations’ courts. These citizens seek alternative dispute resolution mechanisms due to concerns about the ability of courts to provide timely and fair closure to their grievances. While courts may address the legal question at hand, they often lack a focus on conflict resolution or mitigation, potentially leading to an escalation of disputes. Formal litigation, based on an adversarial process, may not ensure fairness and satisfaction for the disputants.

Akinmoladun’s remarks highlight the importance of empowering African arbitrators and building local capacity to address the unique challenges faced by African states. By strengthening their local dispute resolution mechanisms, African nations can foster confidence in the justice sector and improve governance within their societies. However, adequate funding and support from governments and donors are crucial for achieving this goal and enabling African arbitrators to effectively handle African disputes both nationally and internationally.

By Jeff Kizzilah

Over 56% of kenyans say the government of kenya Keanza is heading in the wrong direction with only 14% are positivewith the government.

The report, which was released today, shows the performance of the Ruto government, and the main issues affecting Kenyans.

According to the report,shows that 56% of Kenya dont recognise that Ruto government is doing something about the economy only 25% are positive about the government while 14% did not indicate there stand about the current government economic plans ,the report according to TiFa indicates that bad has increased since the last report which was done in March this year.

The research was done between 24 to 30 June last month with a total of 1534 respondents.

The report has also indicated that Kenya Kwanza government has forgotten everything they promised during the election promises they made since the took over from the previous government.

However on the otherside without a doubt, many kenyans are pleased with the work done by Interior Cabinet Secretary Hon Kithure Kindiki at 34% followed by Education CS Exekiel Machogu 7% and Health CS Susan Nakumicha comes closer with 6%.

By Meresia Aloo

Kenya’s prime Cabinet Secretary Musalia Mudavadi has called on Kenyans to embrace alternative measures in dispute resolution.
“We must find different mechanisms for conflict resolution.”
He also stated that the Opposition has not yet released the alternative budget which they had earlier promised Kenyans.
Addressing journalists in Mombasa at the ongoing arbitration conference,the Prime cabinet secretary also noted that the government won’t be intimidated into submission by the ongoing protests from Members of the opposition.
The opposition fraternity have already passed a message to Kenyans noting that they will be having protests everyday from Monday to Wednesday.
As of yesterday Kenyans have decried loss of property with many directing their please to the government .
According to Musalia Mudavadi the ongoing protests are a way of asking for what he termed as Nusi Mkate.
Now he says government is going to take swift actions to ensure no property has been lost.
Otherwise he states that for the current high cost of living to reduce,Kenyans will have to bear the brunt of the economic effects for Upto 2 years.This is as a result of other issues which have also come to play such as the Ukrain war.

by Edna Okoth

TIFA Research has released their second poll, dubbed 2023 Current Issues Survey, whose focus is on Kenya’s Direction and Ruto/ Kenya Kwanza Government Performance.

Speaking during tje presser,TIFA Chief Executive Officer Maggie Ireri, noted that the report specifically included; the direction that Kenya is heading, achievements of Kenya Kwanza’s Government, failures of Kenya Kwanza Government, overall performance rating of the Government in fullfilling its campaign promises and best performing Cabinet Secretaries.

“The poll reports that the percentage of people suggesting that Kenya is heading to the wrong direction is 56% in June,which has increased as compared to that in March which was 48%, those who are neither of the wrong or right direction also increased by 2% from 12% in March to 14% in June and those who were of the opinion that Kenya 8s heading to the right direction decreased by -12% for in March it was 37% compared to June which is 25%,” explained Maggie Ireri.

She also listed that some of President Ruto’s Government top achievement include launching of the hustler fund, reducing fertiliser cost,taxation policies to help in debt payments and improvements in the education sector while their top failures include increased economic hardship that has increased from 37% to 52%, failed campaign promises that gas reduced from 14% to 7%, increased corruption, increased insecurity among others.

The research also indicated that Kenyans believe that the achievements by the Kenya Kwanza Government has reduced between March and June with over half of Kenyans saying that the Government has achieved nothing on the same the research mentioned that the perceived extent Ruto’s Government had fulfilled campaign promises has an overall mean score rating of a Cplus(C+).

“In terms of its perceived failures, there is widespread agreement that continuing if not increasing economic hardship is at the top of most Kenyan’s minds across the political divide,though the failure to fulfil campaign promises as well as various economic issues aside from such promises also received considerable mentions,” added Maggie Ireri.

The CEO also explained that the release covered the best performing Cabinet Secretaries where the most mentioned is Interior CS Prof. Kithure Kindiki at 34% with only two others receiving more than minimal such positive recognition: Education CS Ezekiel Machogu having 7% and Health CS Susan Wafula at 6%.

“Likewise,nearly one third f pro- government respondents are unable to cite any achievements of their government even if more than twice as many pro-opposition respondents refuse to acknowledge any such achievements (31% vs 70%) and in terms of Kenya Kwanza Government failures only a quarter of its supporters considers there are none (24%) with almost as many of them identifying economic hardship as do opposition supporters (47% vs 58%),” concluded Maggie Ireri.