Business/commercial law revision kit question and answer

Write briefly on:
(a) Court Martial
(b) Industrial Court.
ANSWER
Establishment: it is established section 85 (1) of the Armed Forces Act as a subordinate court.

Composition: the court consists of a presiding officer who sits with not less that two other persons or not less than four others if an officer is being tried or where the maximum penalty for the offence is death. The court is assisted a Judge/Advocate who advises on questions of procedure.

Jurisdiction: it exercises original jurisdiction in criminal cases relating to offences committed the members of the armed forces within its jurisdiction e.g. mutiny, disobeying lawful order or desertion.

The court had jurisdiction to impose the following sentences:
• Imprisonment
• Fine
• Dismissal from the armed forces
• Reprimand
• Reduction of rank
• Capital punishment

A decision of the court may be appealed against in the High Court. The convict may appeal against conviction or sentence or both.

Establishment: it is established under section 14 (1) of the Trade Disputes Act. It was established in 1964.

Composition: it is presided over judge appointed the president. The judge sits with two other persons selected him from a KASNEB PANEL of four persons appointed the minister for labour in consultation with COTU and Federation of Kenya Empoyers. At the moment there are two industrial court judges.

Jurisdiction: it exercises original jurisdiction in civil matters, namely, industrial disputes for example, employers and employees. Disputes may be referred to the court the minister for labour or a registered trade union. Decisions of the court are known as AWARDS and are final
i.e. cannot be appealed against, stayed or reviewed.
• An award must be published in the Kenya Gazette where upon it becomes effective.
• The Industrial court maintains a register of all collective agreements registered with it.
• The principal function of the industrial court in determining industrial disputes is to promote industrial harmony.



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