Chief Justice Martha Koome has called for renewed collective action to achieve a work environment free from violence and harassment.
The Chief Justice acknowledged that this responsibility rests not only with the courts alone but also with employers, trade unions, policymakers, 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 second Employment and Labour Relations Court (ELRC) Annual Symposium and Exhibition (ELRASE II) at the University of Nairobi.
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She urged the ELRC to assess whether domestic laws align 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 gender-based violence.
She described this as not merely occupational challenges but human rights violations. “Both our Constitution and international conventions mandate us to take bold steps to eliminate these injustices in the workplace,” she told participants at the symposium.
Chief Justice Koome noted that the International Labour Organisation Violence and Harassment Convention, 2019 (No.
190), and its accompanying recommendation (No. 206) provide a comprehensive framework for a workplace free from violence and harassment. “These instruments articulate a clear, inclusive, and gender-responsive approach to prevention and redress,” said the Chief Justice.
She pointed out that as guardians of justice, the Judiciary is responsible for 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.
She 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,” the Chief Justice said.
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