Judges of the Employment and Labour Relations Court (ELRC) have elected Justice Monica Mbaru as the new Principal Judge, marking a significant leadership transition within Kenya’s labour and employment judiciary.
Justice Mbaru succeeds Byram Ongaya, who was recently elevated to the Court of Appeal of Kenya. She was elected unopposed by her colleagues, underscoring the confidence the bench has in her leadership and judicial experience.
The position of Principal Judge carries a five-year term, renewable once, and involves overseeing the administration and strategic direction of the specialized court that handles employment and labour disputes across the country.
Academic and Professional Background
Justice Mbaru holds a Bachelor of Laws (LLB) from the University of Nairobi and a Master of Laws (LLM) from the University of Pretoria. She is currently pursuing a Doctor of Laws (LLD) at the University of Nairobi, with research focused on disability rights and the law.
Before joining the bench, she built a distinguished legal career centred on social justice, human rights, and the protection of minority and marginalised groups, including women and persons with disabilities.
Her professional journey includes roles at the Hivos Foundation (East Africa), the International Commission of Jurists, Kituo Cha Sheria, and the Legal Resources Foundation. In these capacities, she contributed to legal aid initiatives, paralegal training, policy advocacy, and community outreach programmes.
Regional and International Engagement
Justice Mbaru has also served as a consultant with the Secretariat of the African Decade for Persons with Disabilities, supporting policy and legal framework development in collaboration with the African Union and the East African Community.
Notably, she participated in the development of the Yogyakarta Principles plus 10, adopted in Geneva in 2017, which expand international human rights standards in relation to sexual orientation, gender identity, gender expression and sex characteristics.
She is a member of the African Judges Forum and the Africa Judges and Jurists Forum, reflecting her active engagement in continental judicial discourse.
What Her Election Means for the ELRC
Justice Mbaru’s election comes at a time when employment disputes, labour rights cases, and workplace governance issues remain central to Kenya’s socio-economic landscape. Her background in human rights and disability law is expected to shape the court’s approach to inclusive justice and fair labour practices.
Her leadership at the helm of the ELRC is likely to strengthen the court’s mandate in promoting equitable workplace standards, protecting workers’ rights, and ensuring employers adhere to constitutional and statutory obligations.
As she takes over the five-year renewable term, stakeholders within the labour sector will be watching closely to see how her tenure influences jurisprudence and administrative efficiency within the Employment and Labour Relations Court.
