Chief Justice Martha Koome. PHOTO[COURTESY]
In a powerful address at the second Employment and Labor Relations Annual Symposium and Exhibition, Chief Justice Martha Koome has called for renewed collective action to create work environments free from violence and harassment. Koome emphasized that this responsibility extends beyond the courts, encompassing employers, trade unions, policymakers, and civil society organizations.
The symposium at the University of Nairobi focused on “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.” Chief Justice Koome challenged attendees to reflect on whether enough is being done to protect employees and foster workplaces where everyone can thrive without fear of intimidation, abuse, or discrimination.
Koome urged the Employment and Labour Relations Court (ELRC) to assess whether domestic laws align with global standards and if the court’s jurisprudence meets the high standards set by comparative jurisdictions. She highlighted the International Labour Organisation Violence and Harassment Convention, 2019 (No. 190), and its accompanying recommendation (No. 206) as comprehensive frameworks for creating workplaces free from violence and harassment.
The Chief Justice emphasized that violence and harassment in the workplace are not merely occupational challenges but human rights violations. She noted that both the Kenyan Constitution and international conventions mandate bold steps to eliminate these injustices. Koome praised the ELRC for its stakeholder engagement efforts, aligning with the Judiciary’s ‘Social Transformation through Access to Justice’ (STAJ) blueprint.
Labour and Social Protection Cabinet Secretary Dr. Alfred Mutua echoed Koome’s sentiments, stressing the importance of a fair work environment. He acknowledged the significant impact of court judgments on investors and announced plans to ratify ILO Convention 190 before the end of the year. Dr. Mutua emphasized the need to balance employee well-being with productivity and value for employers.
ELRC Principal Judge Byram Ongaya highlighted the symposium as an initiative for multi-door access to justice. He stressed the importance of laws and policies that provide for a work environment free from gender-based harassment and violence.
By addressing these crucial issues, Kenya is taking significant steps towards creating safer, more inclusive workplaces for all employees. The collective call to action from judicial, governmental, and labor relations leaders signals a strong commitment to fostering a work culture grounded in dignity, respect, and mutual regard.
