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Koome said the directions take immediate effect with the Judiciary expecting improved transparency and accessibility in employment and labour-related cases/FILE

ACCESS TO JUSTICE

Koome clarifies e-filing, amicus admission in ELRC Practice Directions

Any person seeking to participate as a friend of the court must apply in writing, clearly stating their interest and the value of their contribution to the case.

NAIROBI, Kenya, Jul 21 — Chief Justice Martha Koome has gazetted Practice Directions for the Employment and Labour Relations Court (ELRC), introducing wide-ranging procedural reforms focused on electronic filing, the admission of amicus curiae, and enhanced court conduct.

The new directions, published under Gazette Notice No. 8976 circulated on Monday, are aimed at streamlining litigation and ensuring efficient service delivery in the ELRC according to the Judiciary.

Koome said the directions take immediate effect with the Judiciary expecting improved transparency and accessibility in employment and labour-related cases.

The Practice Directions include the mandatory use of electronic filing with litigants required to file aall pleadings and related documents through the Judiciary’s electronic filing system, in compliance with the Employment and Labour Relations Court Rules, 2024.

“All pleadings and documents shall be filed via the Judiciary Electronic Filing System (E-filing System) and shall comply with the criteria set out in the Rules,” the Practice Directions read in part.

The directions further require that each document indicate the advocate’s or party’s full contact details — including a valid email and mobile number — to facilitate electronic communication.

In addition, the directions clarify that in the event of a disruption in the electronic filing system, “the Court shall issue directions on the mode of filing,” and the registry may serve processes either electronically or physically, “as the Court may direct.”

The Practice Directions also formalize the procedure for the admission of amicus curiae.

Further, any person seeking to participate as a friend of the court must apply in writing, clearly stating their interest and the value of their contribution to the case.

Amicus interest

The application must be served on all parties, who will have the opportunity to respond before the court issues a determination.

“A person seeking to be admitted as amicus curiae shall make a formal application to the Court clearly identifying the interest in the matter and the contribution to be made,” teh directions provide.

If granted, the directions provide that the Deputy Registrar notifies the applicant of the court’s decision.

The Judiciary noted that the reforms are part of Chief Justice Koome’s broader vision to modernize Kenya’s justice system through digitization, stakeholder inclusivity, and procedural efficiency.

Under the guidelines, the Judiciary hopes enhance consistency, reduce administrative bottlenecks, and support better case management in courts.

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