Judge Wanjala calls for unified front to protect the rights of immigrant workers
Judge Wanjala calls for unified front to protect the rights of immigrant workers
Supreme Court Judge Smokin Wanjala has called for a unified front to safeguard the rights of migrant workers saying that is important to ensure that the rights of migrant workers are protected through robust legal standards and effective judicial oversight.
Speaking during the Annual Conference for Judges of the Employment and Labour Relations Court (ELRC), Justice Wanjala who is also the Director General of the Kenya Judiciary Academy (KJA), reaffirmed Judiciary’s commitment to ensuring that rights of migrant workers are protected.
“Our current discussions aim to harmonize domestic labour laws with international legal standards, ensuring that migrant workers do not leave their fundamental rights behind when they cross Kenyan borders,” stated Justice Wanjala.
He explained that the specialized focus of the ELRC ensures that the unique dynamics of the employer-employee relationship, often characterized by power imbalances, are handled with the requisite expertise and sensitivity. The judge identified the jurisdiction of the ELRC in transnational cases as a key area of scrutiny adding that employment contracts become international, the court must define its role in adjudicating disputes involving foreign entities and recruitment agencies.
He noted that discussions should address the technicalities of contract-based migration, including the application of the Directorate of Occupational Safety and Health (DOSH) standards to Kenyan workers abroad. “Together, we are building a legal environment that fosters fair labour practices and upholds the rule of law in a world on the move,” noted Judge Wanjala. On Continuous Judicial Education (CJE), the Director General maintained that the efficacy of courts depends entirely on the constant sharpening of the judicial mind and that the KJA plays an indispensable role adding that continuous judicial training is not a luxury, but a constitutional necessity.
Justice Wanjala explained that as the legal landscape shifts, the Academy provides the intellectual infrastructure that allow Judges to remain at the cutting edge of jurisprudence. He noted that the forum is a vital collaboration between the Judiciary, the Ministry of Labour and Social Protection, Court Users and Development Partners as it stands as a testament to our collective dedication to strengthening Kenya’s response to the complexities of labour migration and access to justice.
Vincent Gaithaiga who was representing the Law Society of Kenya at the conference acknowledged that the Labour migration is no longer a peripheral issue in Kenya today, as the country is both a sending and receiving country. “Our citizens seek opportunities abroad, while workers from across the region contribute to our industries,” the judge said.
He added: “This dynamic brings with it complex legal questions on recruitment practices, contractual fairness, portability of rights and the protection of migrant workers against exploitation. It also raises jurisdictional challenges, requiring us to harmonize domestic law with international conventions and bilateral agreements.”
Dickens Ouma of Federation of Kenya Employee (FKE) who also addressed the judges, stated that FKE recognizes that labour migration and access to justice remain central pillars in shaping fair, competitive and sustainable labour markets.
“The FKE continues to advocate for a balanced approach to labour migration, one that supports business competitiveness while safeguarding the rights of workers, including migrant workers,” stated Ouma.
During the conference, the judges will elect a new Principal Judge to replace Justice Byram Ongaya who has been promoted to the Court of Appeal. Justice Wanjala said the appointment of the Principal Judge of the ELRC, is a vital process for the court’s leadership and strategic direction.
