Which court handles employment cases, and how to take your employer to court
Employment and Labour Relations Court Act, 2011 · sources read 5 Oct 2026
Employment disputes go to the Employment and Labour Relations Court (ELRC), which has exclusive jurisdiction: no other court may decide them. You can also complain to the labour officer first, and you can represent yourself in court.
- Deadline
- A claim under the Employment Act or a contract of service must be filed within 3 years. For a continuing wrong, within 12 months after it stops.
- Where
- Employment and Labour Relations Court stations and sub-registries, or your area labour office
Steps
- Choose where to start: complain to the labour officer, or file a claim at the ELRC.
- File at an ELRC station (Nairobi, Mombasa, Kisumu, Nakuru, Kericho, Nyeri, Eldoret) or a sub-registry near you.
- Represent yourself, or be represented by an advocate or an official of your trade union.
- An ELRC decision can be appealed to the Court of Appeal.
Watch out
- Other courts cannot decide employment claims. Filing in the wrong court can get the case thrown out.
- The court can order reinstatement only within 3 years of dismissal. It can also award compensation or damages.
- The ELRC has the same status as the High Court.
Who this covers
- Employees and employers in disputes arising out of employment, plus disputes involving trade unions and employer organisations.
- Workers earning up to KSh 80,000 a month gross can have contract disputes heard by designated magistrates in their area.
Official sources (4)
- Employment and Labour Relations Court Act (Cap. 234B), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- Employment Act, 2007 (as enacted) labour.go.ke · read 3 Oct 2026
- Employment and Labour Relations Court judiciary.go.ke · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026