Kenya’s judiciary has introduced sweeping procedural reforms to modernize its Employment and Labour Relations Court (ELRC), mandating electronic filing of documents and formalizing processes for third-party contributions to cases. Chief Justice Martha Koome announced the changes, effective immediately, under Gazette Notice No. 8976, as part of efforts to enhance efficiency, transparency, and accessibility in resolving workplace disputes.
Central to the overhaul is the compulsory use of the Judiciary’s electronic filing system for all pleadings and case-related documents, aligning with the newly enacted Employment and Labour Relations Court Rules of 2024. Advocates and litigants must now include full contact details—email addresses and mobile numbers—on submissions to streamline communication. The guidelines also outline contingency plans for technical disruptions, allowing courts to temporarily adjust filing methods or service delivery through physical or alternative electronic means.
The reforms codify procedures for admitting amicus curiae—or “friends of the court”—enabling external experts or organizations to provide specialized insights in cases. Interested parties must submit written applications detailing their relevance to the matter and the value of their input. These requests are shared with all involved parties for feedback before a judicial determination. Successful applicants receive formal notification from the Deputy Registrar.
“A person seeking to be admitted as amicus curiae shall make a formal application to the Court, clearly identifying their interest in the matter and the contribution to be made,” the directive states. This structured approach aims to balance inclusivity with procedural rigor, ensuring third-party input remains focused and relevant.
The Judiciary framed the updates as a critical step in Chief Justice Koome’s broader agenda to digitize Kenya’s legal system, reduce bureaucratic delays, and improve case management. By standardizing practices and prioritizing digital tools, officials anticipate faster resolution of labor disputes, reduced paperwork, and greater public trust in court processes.
The changes arrive amid growing demand for judicial modernization across Africa, where manual systems and legacy protocols often hinder timely justice. Kenya’s ELRC, which handles disputes ranging from wrongful termination to collective bargaining agreements, has faced criticism in recent years for case backlogs. The reforms signal a deliberate shift toward aligning the court’s operations with global best practices, emphasizing accountability and adaptability.
While the immediate focus is on procedural efficiency, analysts note the potential long-term impact on labor rights advocacy. By formalizing amicus curiae participation, the court could foster more nuanced rulings informed by civil society groups, trade unions, or international labor organizations. However, success will depend on consistent implementation and public awareness campaigns to ensure compliance among legal practitioners and litigants.
The Judiciary has yet to specify timelines for evaluating the reforms’ effectiveness but emphasized that the changes reflect ongoing collaboration with stakeholders to build a “responsive and equitable” justice system. As Kenya’s courts increasingly embrace technology, the ELRC’s evolution may serve as a model for other jurisdictions grappling with similar challenges.
