Labour Court judges irked by AG's comments on their rulings

Justice Linnet Ndolo addresses judges during the Annual Judges Colloquium (AJC) at the Whitesands Beach Resort in Mombasa in this photo taken on August 25, 2016. PHOTO | KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • The AG was quick to add that he did not suggest that the rulings were unlawful.
  • But in their presentation on Thursday, the two judges noted that historically, reinstatements have been resisted.
  • Supreme Court Justice (Prof) Jackton Ojwang said there were some people out there trying to put them into ‘‘pigeonholes’’ to influence their rulings.

Industrial court judges have defended their rulings saying they will continue to stick to procedure and the law and would not allow external influence to cloud their work.

In an apparent reference to remarks made by Attorney-General Githu Muigai on Monday, Employment and Labour Relations Courts (ELRC) judges Linnet Ndolo and Nelson Abuodha said the rulings they make are guided by evidence before them and the law.

“Courts cannot be stopped when they are dealing with labour issues provided they are done in a procedural and lawful manner,’’ Justice Abuodha told his colleagues on the fourth day of their conference at Whitesands Resort in Mombasa.

According to him, “there were a lot of wrong things happening’’ in State parastatals and public bodies that required their legal departments to guide the management bodies.

“Every Kenyan has the right to appear before us if they feel wronged, and we have to do what we have to do as Judges,’’ Justice Abuodha added. 

His colleague Justice Ndolo said they have found, from the industrial cases they have been handling, that government agencies are more likely flout labour laws compared to the private sector.

While opening the five-day annual retreat on Monday, Prof Muigai said some of the rulings issued by the court in regard to appointments and reinstatements to State corporations and infrastructure development project issues have had serious ramifications on the government.

However, the AG was quick to add that he did not suggest that the orders are unlawful.

But in their presentation on Thursday, the two judges noted that historically, reinstatements have been resisted.

In the presentation titled, Implications of Reinstatement to Employment as a Judicial Remedy in Labour Relations, judges Abuodha and Ndolo said their decisions were purely guided by evidences and laws before them.

“We will listen to anyone and make an order appropriately if one deserves that order,” said Justice Abuodha.

“As a Judge, we should accept any case on its own merits.’’

Said Justice Ndolo: “Many of respondents who come before us are from the government and what we have found is that most of these public bodies are not following the law while terminating services of their employees.’’

“That is where impunity resides,’’ she added.  

They advised the attorney-general to direct legal departments within State corporations and other agencies to improve capacity of manager and directors on various changes in the labour law. 

“We advise him to tell the board of directors on the new laws. Every Kenya has a right to appear before our courts and we shall hear their cases and rule based on facts and laws. Let the state agencies improve on corporate governance where the private sector is really doing well,” added Judge Abuodho.

He cited several cases among them the unfair dismissal of a chief executive officer who left a well-paying job in Rwanda to serve the nation.

“This particular lady was probably caught up in the boardroom politics before being shown door. She appeared before me and the court found that procedures were not followed and it had to reinstate her. Later, I heard her being named among under 40 top CEO for turning around that institution,” he added.

They defended their courts which has 12 judges saying their rulings were balanced because their judgement have socio and economic impact.

In his parting shot, Justice Abuodha said the judges would continue to discharge their duties without any fear or favour, saying “the whining of a goat doesn’t stop the owner from selling it in the market.”

Speaking on the sidelines of the conference, Supreme Court Justice (Prof) Jackton Ojwang said there were some people out there trying to put them into ‘‘pigeonholes’’ to influence their rulings.

He dismissed the perception that the judges were detached from the ordinary people, saying their driving philosophy was based on the constitution’s requirement of public participation in every aspect of their lives.

“The way the judiciary operates now is totally different from the yesteryear where the judges were only confined in their chambers that were inaccessible to the majority of Kenyans,” he said.

(Editing by Joel Muinde)