John Gitonga Njeru v Teachers Service Commission County Director Tharaka Nithi & another [2020] KEELRC 523 (KLR)
The bottom line
#A teacher's bid to move his case to Nairobi and stop his dismissal failed because Nairobi was the wrong court and he had already been fired.
What this practically means
#Executive summary
#Key legal issues
#Destination of transfer of a suit beyond the magistrates' court's pecuniary jurisdiction
The application to transfer to Nairobi was dismissed; the proper court would have been the Nyeri ELRC
The court noted that although the Meru Chief Magistrate's Court lacked monetary jurisdiction over a claimant earning Kshs. 141,607 per month given Gazette Notice No. 6024 of 2018 limiting jurisdiction to claims not exceeding Kshs. 80,000, transfer to Nairobi was not viable. Nairobi was neither where the cause of action arose nor the convenient forum; the Nyeri ELRC covers Tharaka Nithi where the cause of action arose.
Effect of intervening termination of employment on interlocutory restraint
The prayer to restrain termination was overtaken by events as the Applicant had already been dismissed on 7/7/2020
The court observed that the Respondents contended the Applicant had been dismissed from service on 7/7/2020 following a disciplinary process, and that the Applicant did not deny this fact. With termination already effected, an order restraining termination could no longer issue since there was nothing left to stay.
Legal principles established
#- Where a suit is to be transferred for want of pecuniary jurisdiction of the magistrates' court, the appropriate destination is the Employment and Labour Relations Court within whose jurisdiction the cause of action arose
Court orders
#- 1.The application is dismissed
- Jurisdiction invoked
- Sections 3A and 18(1)(b) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Gitonga Njeru v Teachers Service Commission County Director Tharaka Nithi & another [2020] KEELRC 523 (KLR)", Case Analysis (2020). Notice of Motion Application dated 6th July, 2020 (ELRC at Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/523/eng@2020-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.