Supreme Court Judge Smokin Wanjala has called on the Judiciary to adopt a unified and coordinated legal approach to safeguard the rights of migrant workers, warning that cross-border labour disputes demand stronger legal standards and clearer judicial oversight.
Speaking during the Annual Conference for Judges of the Employment and Labour Relations Court (ELRC), Justice Wanjala underscored the urgent need to align Kenya’s domestic labour laws with international legal frameworks as labour migration increasingly reshapes the country’s employment landscape.
“Our current discussions aim to harmonise domestic labour laws with international legal standards, ensuring that migrant workers do not leave their fundamental rights behind when they cross Kenyan borders,” Justice Wanjala said.
The judge, who also serves as Director General of the Kenya Judiciary Academy (KJA), reaffirmed the Judiciary’s commitment to protecting migrant workers through robust legal safeguards and effective judicial oversight.
He noted that labour mobility now presents complex legal realities that courts must be prepared to address.
Kenya, he observed, has evolved into both a sending and receiving country for migrant labour, a shift that has introduced intricate legal questions surrounding recruitment practices, contractual fairness, portability of labour rights and protection against exploitation.
Justice Wanjala emphasised that the ELRC’s specialised mandate places it at the centre of addressing these challenges, particularly given the inherent power imbalances that often define employer-employee relationships.
“The specialised focus of the ELRC ensures that the unique dynamics of the employment relationship are handled with the requisite expertise and sensitivity,” he noted.
A major area requiring sustained judicial attention, he said, is the court’s jurisdiction in transnational employment disputes.
“As employment contracts increasingly involve foreign employers, recruitment agencies and multinational arrangements, Kenyan courts must clearly define their role in resolving disputes that transcend national borders.”
He further highlighted the need to interrogate the technical aspects of contract-based labour migration, including the applicability of standards set by the Directorate of Occupational Safety and Health (DOSH) to Kenyan workers deployed abroad.
“Together, we are building a legal environment that fosters fair labour practices and upholds the rule of law in a world on the move,” Justice Wanjala said.
Beyond jurisprudence, the judge stressed that meaningful protection of migrant workers depends on a Judiciary equipped to respond to evolving legal challenges.
In his description of Continuous Judicial Education (CJE), he described ongoing judicial training as a constitutional imperative rather than a discretionary exercise.
“Continuous judicial training is not a luxury, but a constitutional necessity,” he said, adding that the Kenya Judiciary Academy provides the intellectual infrastructure that enables judges to remain responsive to shifting legal and social realities.
The conference brought together key stakeholders from across the justice and labour sectors, including representatives from the Ministry of Labour and Social Protection, court users and development partners, reflecting a multi-institutional approach to addressing labour migration and access to justice.
Representing the Law Society of Kenya, Vincent Gaithaiga noted that labour migration has moved from the margins to the centre of Kenya’s legal and economic discourse.
“Our citizens seek opportunities abroad, while workers from across the region contribute to our industries,” he said.
“This dynamic brings with it complex legal questions on recruitment practices, contractual fairness, portability of rights and the protection of migrant workers against exploitation. It also raises jurisdictional challenges, requiring the harmonisation of domestic law with international conventions and bilateral agreements.”
Meanwhile, Dickens Ouma of the Federation of Kenya Employers (FKE) told judges that labour migration and access to justice are central to the development of fair, competitive and sustainable labour markets.
“The FKE continues to advocate for a balanced approach to labour migration one that supports business competitiveness while safeguarding the rights of workers, including migrant workers,” Ouma said.
The forum also carries institutional significance, with judges expected to elect a new Principal Judge of the ELRC following the promotion of Byram Ongaya to the Court of Appeal.
Justice Wanjala described the appointment as critical to the court’s leadership continuity and strategic direction.
As deliberations continue, protecting migrant workers emerged as a key talking point that demands harmonised laws, defined jurisdiction, informed judges and coordinated institutional action capable of responding effectively to the realities of labour in the global community.
