Section 35 - Powers of labour officer

"A labour officer may, for the purpose of monitoring or enforcing compliance with any labour law— (a) enter, inspect, and examine, by day or night, a labour premises or work place; (b) take with him a police officer if he has reasonable cause to expect any serious obstruction in the execution of his duties; (c) require the production of any records required to be kept under any labour law and inspect, examine, and copy them; (d) make any examination, inquiry, or test necessary to ascertain whether any labour law is being complied with; (e) interview, either alone or in the presence of any other person, with respect to matters concerning the application of any labour law, any person whom he finds in or at such premises or work place, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed therein or thereat."

Section 11 - Establishment of the Industrial Court:

This provision establishes the Industrial Court (now the Employment and Labour Relations Court) to adjudicate labor disputes, ensuring that conflicts between employers and employees are resolved fairly and justly. The Court has the authority to make binding decisions, providing a legal avenue for dispute resolution.

Section 4 - Establishment of the Employment and Labour Relations Court

(1) In pursuance of Article 162 (2) (a) of the Constitution, there is established the Employment and Labour Relations Court for the purpose of settling employment and industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in Kenya. (2) The Court shall be a superior court of record with the status of the High Court. (3) The Court shall have and exercise jurisdiction throughout Kenya.

Jurisdiction of the Court

Section 5: "(1) The Court shall consist of— (a) the Principal Judge; and (b) such number of Judges as the President may, acting on the recommendations of the Judicial Service Commission, appoint. (2) The Principal Judge shall be elected in accordance with the procedure prescribed in Article 165 (2) of the Constitution. (3) The Principal Judge shall hold office for a term of not more than five years and shall be eligible for re-election for one further term of five years. (4) The Principal Judge shall have supervisory powers over the Court and shall be answerable to the Chief Justice. (5) In the absence of the Principal Judge or in the event of a vacancy in the office of the Principal Judge, the Judges of the Court may elect any other Judge to have and exercise and perform the powers and functions of the Principal Judge, and who shall be deemed to be the Principal Judge."

Section 12 - Jurisdiction of the Court:

(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162 (2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations, including— (a) disputes relating to or arising out of employment between an employer and an employee; (b) disputes between an employer and a trade union; (c) disputes between an employers' organisation and a trade union's organisation; (d) disputes between trade unions; (e) disputes between employer organisations; (f) disputes between an employers' organisation and a trade union; (g) disputes between a trade union and a member thereof; (h) disputes between an employer's organisation or a federation and a member thereof; (i) disputes concerning the registration and election of trade union officials; and (j) disputes relating to the registration and enforcement of collective agreements. (2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employers' organisation, a federation, the Registrar of Trade Unions or any other person or institution with locus standi. (3) In exercise of its jurisdiction under this Act, the Court shall have power to make any of the following orders— (i) interim preservation orders including injunctions in cases of urgency; (ii) a prohibitory order; (iii) an order for specific performance; (iv) a declaratory order; (v) an award of compensation in any circumstances contemplated under this Act or any written law; (vi) an award of damages in any circumstances contemplated under this Act or any written law; (vii) an order for reinstatement of any employee within three years of dismissal, subject to such conditions as the Court thinks fit to impose under circumstances contemplated under any written law; or (viii) any other appropriate relief as the Court may deem fit to grant. (4) In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as the Court considers just.

Section 22 - Representation before the Court

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 and, if the party is a juristic person, by a director or an employee specially authorised for that purpose

Section 20 - Enforcement of Court Orders

(1) In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities and shall not be strictly bound by rules of evidence except in criminal matters: Provided that the Court may inform itself on any matter as it thinks just and may take into account opinion evidence and such facts as it considers relevant and material. (2) The Court shall be bound by the procedure laid down by this Act and the rules made thereunder but may, in any case where it thinks fit, be guided by the Civil Procedure Act.

Section 15 - Alternative Dispute Resolution:

(1) Nothing in this Act may be construed as precluding the Court from adopting and implementing, on its own motion or at the request of the parties, any other appropriate means of dispute resolution, including internal methods, conciliation, mediation and traditional dispute resolution mechanisms in accordance with Article 159 (2) (c) of the Constitution. (4) If at any stage of the proceedings it becomes apparent that the dispute ought to have been referred for conciliation or mediation, the Court may stay the proceedings and refer the dispute for conciliation, mediation or arbitration.

Article 87.1 - Complaint and jurisdiction in cases of dispute between employers and employees

Subject to the provisions of this Act whenever—(a) an employer or employee neglects or refuses to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or (c) touching any misconduct, neglect or ill-treatment of either party or any injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Court.