Chief Justice (CJ) Martha Koome has called for renewed collective action to achieve a work environment that is free from violence and harassment.
The CJ acknowledged that this responsibility rests not with the courts alone, but also employers, trade unions, policy makers, and civil society, who must work together to forge partnerships, build stronger institutions and create safe and respectful workplaces for all.
“We must ask ourselves whether we are doing enough to protect employees from violence and harassment; are we fostering work places where everyone can thrive free from intimidation, abuse, or discrimination?” CJ Koome posed at the start of the 2ndEmployment and Labour Relations Court (ELRC) Annual Symposium and Exhibition (ELRASE II) at the University of Nairobi.
She urged the ELRC to assess whether domestic laws aligned with global standards and if the jurisprudence developed by the court meets the high standards set by comparative jurisdictions.
The CJ said this year’s symposium, which is being held under the theme: ‘The Role of the Employment and Labour Relations Court in fostering the right to a world of work free from violence and harassment; including Gender-Based Violence and harassment’, addresses the critical and urgent issue of violence and harassment in the workplace, including GBV.
She described these as not merely occupational challenges but human rights violations stressing, “Both our Constitution and International Conventions mandate us to take bold steps to eliminate these injustices in the workplace.”
Koome noted that the International Labour Organisation Violence and Harassment Convention, 2019 (No. 190), along with its accompanying recommendation (No. 206), provided a comprehensive framework for a workplace free from violence and harassment.
These instruments, according to Koome, articulated a clear, inclusive, and gender-responsive approach to prevention and redress.
She pointed out that as guardians of justice, the Judiciary bears the responsibility of ensuring that the Employment and Labour Relations Court upholds these values while shaping a workplace culture grounded in dignity, respect, and mutual regard.
“Violence and harassment, whether physical, psychological, or gender-based, stand in direct contradiction to these principles,” she emphasised.
The CJ lauded the court for fostering the spirit of engagement saying that the symposium and exhibition reflect a commendable initiative of engaging stakeholders in continuous dialogue, in line with the principle of ‘cooperative dialogue’ championed in the Judiciary’s ‘Social Transformation through Access to Justice’ (STAJ) blueprint.
“Our commitment to maintaining ongoing conversations with stakeholders and court users provides vital feedback on our work and helps identify areas for improvement,” she added.
At the same time, Labour and Social Protection Cabinet Secretary (CS) Dr Alfred Mutua cited the importance for the country to have a system where everyone feels there is a fair environment, adding that when an employee goes to court and lost, they should feel they lost fairly.
“Judgments have a big way of scaring investors if not done fairly. We have to provide an environment for productivity where employees work well and the employers also get the value for their money,” he reiterated.
The CS noted that there were many conventions that were yet to be ratified and assured participants that Convention 190 of the ILO would be ratified before the end of the year.
In his remarks, ELRC Principal Judge Byram Ongaya said the symposium was one of those initiatives for multi-door access to justice.
He added that law and policy must provide for a work environment that is gender based and free from harassment.
By Michael Omondi
