Chief Justice Martha Koome, has penned a letter to parliament opposing proposed amendments that seek to merge the Employment and Labour Relations Court (ELRC) and the Environment and Land Court (ELC) with the High Court.
While at Naivasha addressing the Annual Conference of Judges of the Employment and Labour Relations Court on Thursday, the CJ stated that there was a justified reason prompting the need to have both courts.
According to the CJ, each court was essential in dealing with specialised matters related to the courts in question.
“The contribution by the two courts to expeditious delivery of justice and a robust jurisprudence in these areas of special concern to Kenyans justify the continued existence of the specialised courts,” CJ Koome told the Annual Conference of Judges of the Employment and Labour Relations Court on Thursday.
Further, the CJ explained that having both courts was instrumental in ensuring that the Judiciary managed to clear backlogs for cases
“The ELRC registered a Case Clearance Rate of 166 per cent in the first half of the 2023/2024 Financial Year after resolving 3,414 cases,” the CJ quoted.
Furthering her defence of the courts, the CJ noted that the court had succeeded in making landmark rulings on matters such as unfair dismissal, collective bargaining, occupational safety, and the resolution of disputes arising from economic restructuring,
She also commended the court for attracting the attention of scholars globally, by receiving citations and commentary on the court's rulings.
However, she noted that despite the notable reduction in backlog, the courts were still struggling to offer justice to Kenyans on time.
Further, the Chief Justice added that some cases had been in the corridors of justice for more than a year necessitating the output capacity of both courts
“Out of these pending cases, 7,837 matters have been in court for more than one year, which means they fall within the Judiciary’s definition of case backlog,” explained the CJ.
The Judiciary has been previously engaged in spats with the other arms of government notably, with the executive, where the President had pledged to defy court orders.
