NAKURU, Kenya, Apr 11 – Deputy Chief Justice Philomena Mwilu has advocated for a robust insolvency law regime particularly considering the local and global economic challenges to provide a structured legal framework to deal with financial distress, benefiting both debtors and creditors.
Speaking at the closing of this year’s Employment and Labour Relations Court (ELRC) Judges Conference, themed ‘Insolvency, Labour Rights, and Technology,’ the Deputy Chief Justice explained that Insolvency law is a specialised and important area of the law that provides a structured legal framework crucial to the financial stability of the wider economy.
DCJ Mwilu emphasized the crucial role played by judges and judicial officers in a robust insolvency law regime saying that proper adjudication of insolvency matters not only protects creditors’ rights but also fosters business rescue.
“The promotion of restructuring over liquidation and the related support to debtors; supports critical credit markets; maintains market confidence; prevents fraud, abuse and misconduct by debtors before insolvency, ensuring accountability; and promotes the efficient use of asset thereby improving overall economic efficiency,” said DCJ Mwilu
She at the same time underscored the importance of training for judges and judicial officers stressing that beyond enhancing judicial skills and competence, it improves court efficiency, supports judicial independence, and allows judges to stay updated on legal developments. It also helps them adapt to specialized areas of juridical practice.
“In accordance with the Social Transformation through Access to Justice (STAJ) blueprint, enhancing the capacity and knowledge of judges in insolvency law in the adjudication and resolution of employment and labour cases in Kenya will go a long way towards promoting a more equitable, fair and progressive workplace and corporate environment for employees and employers in Kenya,” said Justice Mwilu.
Further, she urged the judges to continue deepening their knowledge and staying abreast of the rapidly developing area of law in order to uphold the rights of both employees and employers under Article 41 of the Constitution.
“An important topic discussed during this year’s conference centred on technology and justice; and specifically, on labour and AI governance. … I am sure you are now better equipped to understand and adjudicate in this fast-evolving area,” said the DCJ
The DCJ said the evolving nature of labour rights in the context of a digital and technology-driven economy and the impact of technological advancements on the workplace cannot be overstated.
