ODPP and the Ministry of Labour collaborate to strengthen prosecution of labour-related offences

DPP Renson Ingonga, CBS, OGW, hosted a delegation from the Ministry of Labour and Social Protection led by the Principal Secretary, State Department of Labour and Skills Development, Mr. Shadrack Mwadime, CBS, who paid him a courtesy call to discuss areas of mutual collaboration in the prosecution of labour-related offences.

The PS noted that the State Department of Labour and Skills Development is in the process of substantively reviewing various labour laws, a process that would require inputs from ODPP. He emphasized the difficulties encountered by the ministry in the investigation of labour-related offences, resulting in a huge backlog of pending cases in the ministry.

The DPP acknowledged the degazettement of labour officers as delegated public prosecutors for all criminal proceedings arising under the Labour Institution Act 2007 on 27th December 2029 via Gazette Notice Vol CXXI-No. 176. The DPP noted that the prosecutors had been gazetted in 2013, a few years after the ODPP delinked from the Office of the Attorney General due to a lack of enough capacity to prosecute all criminal matters. He affirmed that the prosecutors across the country are competent and capable of handling all criminal matters, including those arising under the Labour Institution Act 2007.

ODPP and the Ministry of Labour and Social Protection agreed to conduct joint training and sensitization on thematic areas with the goal of equipping the labour officers with the specialized knowledge, skills, and expertise required to effectively investigate, prepare, and present a compelling prosecution file on labour-related criminal offences to the office of the Director of Public Prosecutions for prosecution. The training would enhance understanding of the provisions of the Labour Institutions Act and Employment Act, ensuring effective prosecution.

The ODPP remains committed to upholding its constitutional mandate under Article 157(6) of the Constitution to institute criminal proceedings and ensure justice is served for all parties in labour-related disputes. Through collaboration with the Ministry, the ODPP can further its efforts to address criminal offences within the labour sector and enhance the overall administration of justice in Kenya.