Ministry to operationalize the Alternative Dispute Resolution Mechanism (ADR)

Naivasha,

Tuesday, January 16, 2024,

KNA, by Mabel Keya –Shikuku

The Ministry of Labour and Social Protection is spearheading the process of operationalizing the Alternative Dispute Resolution Mechanism (ADR) in labour relations which will go a long way to reduce cases filed in the Court.

To this end, the Labour and Social Protection Cabinet Secretary (CS) Ms. Florence Chepng`etich Bore has called for collaboration between the ministry and the Employment and Labour Relations Court (ELRC) since the latter was also involved in the development of rules and regulations of ADR.

She was speaking during the official opening of the training of Judges of the Employment and Labour Relations Court (ELRC) in Naivasha on Tuesday.

The CS also noted that her ministry is also at the forefront of ensuring safe, orderly and regular labour migrations where the migrant workers and members of their families are protected.

“With the challenges faced by the migrant workers, this training comes in handy as our judges will gain knowledge on various International Labour Standards applicable to labour migration that will improve our national legal instruments and the Bilateral Labour Agreements negotiated with various Countries of destinations,” Bore said.

 It’s worth noting that Kenyans migrating to seek employment in the Middle East in particular, especially those seeking semi or unskilled labour have been going through harrowing experiences in those countries where some have even lost their lives and many others injured.

The CS observed that the training was essential as it will go a long way in equipping the judges as they will appreciate the International Labour Standards' contribution towards the achievement of social justice and promotion of decent work in Kenya and be able to apply the provisions of these instruments in their day-to-day work to better their judgements.

During the training, the judges will be trained on the content and practical application of the International Labour Standards; understanding the scope and; discussing the extent to which the Kenya Constitution, statutes, policies and practices have domesticated and applied the Standards.

Bore stated that the International Labour Standards developed by the ILO Member states are critical instruments which are aimed to help member states implement human rights obligations and ensure decent work for all workers States are bound to the provisions of these instruments and further provide a level ground for the global world of work. Kenya has ratified 52 ILO Conventions of which 39 are in force already.

She clarified that these Conventions have been domesticated into our local laws and are helping to fill the gaps in some national laws and as a Country, this training of judges reaffirms our commitment to fostering a judiciary that is well-equipped, knowledgeable and steadfast in pursuit of justice.

“We are also in the process of undertaking stakeholder consultation with a view of ratifying some more International Labour Organization (ILO) conventions,” the CS added.

Speaking during the same function, the Kenya Central Organization of Trade Unions (COTU) Secretary General Francis Lipwoni Atwoli defended the Judiciary over corruption allegations raised by the executive. 

Atwoli instead called for a truce between the two arms of government saying the current war of words between the two arms is detrimental to service delivery. There has been a flurry of words flying between the Judiciary and the Executive after the courts in November last year ruled the Housing Levy Fund as unconstitutional. 

President William Ruto and other senior Government officials have been on record accusing the Judiciary of being used to frustrate the Government’s development agenda, an allegation that the Judiciary denies. 

The unionist however maintained that COTU is backing the government in the war against graft, urging the President not to relent in bringing to book any corrupt individuals. 

Courtesy; KNA