The High Court has delivered a ruling affirming the Federation of Kenya Employers’ mandate to offer legal representation to its members on labour and employment disputes.
The court made the pronouncement while delivering a judgement on a petition filed by the Law Society of Kenya (LSK), protesting a billboard advert done by the federation to promote legal services it offers.
The petition by LSK demanded that the billboard ad by FKE be corrected restricting itself to the Federation’s mandate of representation as provided for in Section 22 of the Employment and Labour Relations Court (ELRC) Act.
The 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' organisation.
It also states that if the party is a juristic person, may be represented by a director or an employee, specially authorised for that purpose.
In a letter in 2019, former LSK CEO Mercy Wambua said the move by FKE to list legal services among those outlined in the billboard was in violation of the Advocates Act.
Wambua wanted 'legal services' expunged from the list on the billboard that was erected at the roundabout of Silver Springs Hotel next to Doctors Plaza.
"It has come to our attention via a billboard you have caused to be erected on the roundabout of Silver Spring Hotel next to the Doctors' Plaza Nairobi Hospital on an iron in county that purports to be a person qualified to provide legal services in Kenya contrary to Section 9 as read together with Section 33 of the Advocates Act," Wambua said.
Commending on the judgment, FKE executive director and CEO Jacqueline Mugo said the Federation remains committed to promoting transparency and responsible business conduct in Kenya.
"Over the years, the federation has continued to strictly operate within its mandate of representing its members before the Employment and Labour Relations Court," she said.
"This is on matters terminations, dismissals, redundancies, union recognitions, strikes and lock outs, as envisaged in section 22 of the ELRC Act while guided by Article 3 of International Labour Organization (ILO) Convention 87.
It states that FKE has a right to organise and represent its members including advising on the implication of the labour laws to their respective enterprises.
The judgment delivered by Justice Hedwig Ong’udi will see FKE continue to operate within its mandate by offering legal guidance and representation on labour and employment related matters to its members only by virtue of Section 32A of the Advocates Act.