The High Court of Kenya has ruled in favor of the Federation of Kenya Employers (FKE), affirming its authority to provide legal representation to its members on matters related to labor and employment law.
According to FKE, the judgement which was delivered by Justice Hedwing Ong’udi, comes in response to a petition filed in 2019 by the Law Society of Kenya (LSK) challenging a billboard advert by the FKE promoting its legal services.
“The High Court made the pronouncement while delivering a judgement on a case filed in 2019 by the LSK protesting a billboard advert done by the Federation to promote its legal services offering,” stated the press release.
The LSK’s petition requested that the FKE’s advertising be modified to adhere strictly to the organization’s mandate, as specified in Section 22 of the ELRC Act arguing that the FKE’s advert overstepped its jurisdiction.
“Section 22 of the ELRC Act states that Representation in any proceedings before the Court or a subordinate Employment and Labour Relations Court, a party to the proceedings may act in person or be represented by an advocate, an office bearer or official of the party’s trade union or employers’ organization and if the party is a juristic person, by a director or an employee, specially authorized for that purpose,” read the press release.
Speaking on the judgement, the Federation of Kenya Employers Executive Director and CEO Ms. Jacqueline Mugo confirmed that FKE’s actions align with Section 22 of the ELRC Act and are guided by Article 3 of the International Labour Organization.
“Over the years the Federation has continued to strictly operate within its mandate of representing its members before the Employment and Labour Relations Court on matters terminations, dismissals, redundancies, union recognitions, strikes and lock outs, as envisaged in section 22 of the ELRC Act,” declared Mugo.
The FKE is the national employers’ organization in Kenya founded in 1959.
The Federation influences labour market policy and regulatory environment through advocacy aimed at enhancing business grow and development.
FKE also provides direct services to its members in the areas of industrial & labour relations, employment matters, legal representation, and learning & development.
