Judge Nderi makes history as he brokers key pay deal

Justice Mathews Nduma Nderi will go down in history as the first judge in the country to broker a pay deal between teachers and their employer in a dispute that has recurred for nearly 20 years.

The commercial lawyer, who was trained in South Africa, is a seasoned arbitrator who understands employment disputes, having worked at the Industrial Court of Swaziland, the East African Community in Arusha and the Federation of Kenya Employers (FKE).

As the principal judge of the Employment and Labour Relations Court, Justice Nderi is a man employees and employers expect to provide solutions to their differences.

The 53-year-old judge easily forgets his soft side when dealing with employment and labour relations disputes.

His mediation and ruling in the teachers’ salary row is an eye opener and a precedent setter in industrial disputes.

Justice Nderi is an alumnus of Nairobi School and was admitted to the Bar as an advocate of the High Court in December 1988 after graduating from the University of Nairobi with a laws degree in 1987, and a diploma in law from the Kenya School of Law in 1988.

He has a Master’s degree in International Trade Law from the University of Stellenbosch, South Africa, where he majored in Commercial Arbitration.

He also obtained diplomas in human resource management and business organisation while in South Africa.

PERCEIVED DISSIDENTS

Justice Nderi only practised as an advocate in Kenya for five years, between 1988 and 1992. He was among the team of lawyers who represented perceived political dissidents during President Daniel arap Moi’s reign.

One of the notable cases he handled was the one in which he successfully defended Mr George Anyona, Mr Njeru Kathangu, Prof Ngotho Kariuki and Prof Edward Oyugi against treason charges. He handled the case alongside Senior Counsel Paul Muite and lawyers Muturi Kigano, Charles Nyachae and Paul Buti

Judge Nderi cut short his legal practice in Kenya soon after the 1992 General Election and went to Swaziland, where he was appointed a crown counsel in the government’s prosecution office.

In 1997, he was promoted to senior crown counsel in Swaziland’s Attorney-General Chambers.

He was later appointed Judge President of the Industrial Court of Swaziland, where he served from 1998 until March 2006.

He returned to Kenya that year and served as the head of legal and industrial affairs at the FKE for one year.

He then went to Arusha to work as the principal legal counsel for the East African Community between 2008 and July 2012.

The setting up of the Industrial Court of Kenya presented Justice Nderi with an opportunity to return home.