County Assembly of Migori & another v George Okinyi Omamba [2021] KEELRC 360 (KLR)
The bottom line
#Kenya's Employment Court ruled a Magistrates Court must verify a worker's salary is under Kshs 80,000 before hearing an employment case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Magistrates Court had delegated jurisdiction over the claim
The Magistrate erred in law and fact by assuming jurisdiction when the Respondent's gross monthly salary was never pleaded or proved and the jurisdictional threshold had been raised by the Appellants
Delegated jurisdiction under Gazette Notice No. 6024 is circumscribed by two considerations: the action must arise from a contract of employment and the gross monthly pay must not exceed Kshs 80,000. The Respondent's gross monthly salary was not pleaded in the Statement of Claim, verifying affidavit, or Motion. The pay question is one of fact requiring proof. With the Appellants having raised jurisdiction in submissions, the Magistrate ought to have sought clarification rather than assume jurisdiction, and thereby fell into error of law and fact.
Whether the Magistrate erred in following one of two conflicting High Court decisions on the office of Deputy Speaker
No error was established; the Magistrate was entitled to adopt one line of conflicting authority
The High Court has issued conflicting decisions: in Douglas Bundi Kirimi and Nathaniel Nganga Ruben holding that the office of Deputy Speaker of a County Assembly does not exist within the constitutionally ordained framework, and in Amos Muthui Muchiri holding that the office is contemplated within the constitutional and legal architecture. Faced with these inconsistent decisions, the Magistrate chose one with a reasoned basis, and this Court could not fault that choice as an error of law.
The role of a first appellate court
A first appellate court must re-evaluate the record and draw its own conclusions while making allowance for not having seen or heard the witnesses
Relying on Kenya Ports Authority v Kuston (Kenya) Limited, the Court stated that on a first appeal it should reconsider the evidence, evaluate it itself and draw its own conclusions, bearing in mind it has neither seen nor heard the witnesses. Although this appeal had not reached the stage of evidence, the Court would evaluate the record and applicable case and statutory law.
Legal principles established
#- A Magistrates Court exercising delegated jurisdiction in employment disputes must satisfy itself at the first instance that the dispute arises out of a contract of employment and that the gross monthly salary does not exceed Kshs 80,000
- Where the pleadings are unclear on the jurisdictional threshold of gross monthly pay, the Court should seek clarification from the parties before assuming jurisdiction
- The question of gross monthly pay is a matter of fact which must be proved as such
Court orders
#- 1.The Appeal allowed on the ground of error of law on the conclusion on jurisdiction
- 2.The question of delegated jurisdiction remitted to the Magistrates Court for fresh hearing
- 3.Each party to bear its own costs of the Appeal
- On appeal from
- Magistrates Court (as delegated employment dispute forum)
- Claim filed 10 May 2019
- Jurisdiction invoked
- Delegated jurisdiction to Magistrates Courts in employment disputes per Kenya Gazette Volume CXX – No. 74 of 22/06/2018, Gazette Notice No. 6024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Assembly of Migori & another v George Okinyi Omamba [2021] KEELRC 360 (KLR)", Case Analysis (2021). Appeal filed 15 July 2019 (Memorandum of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/360/eng@2021-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.