LEGAL ALERT: The Employment and Labour Relations Court does not have jurisdiction to hear and determine constitutional issues if the dispute did not arise from an employer-employee dispute – Court of Appeal
February 14, 2023by Waya Ndegwa
The Court of Appeal in Kenya recently overturned a judgement by the Employment and Labour Relations Court (“ELRC”) that declared the National Social Security Fund (“NSSF”) Act unconstitutional. The Court of Appeal found that the ELRC lacked jurisdiction to consider the constitutionality of the Act as the dispute was not between an employer and employee, the sole statutory purview of ELRC’s jurisdiction. The...
