Brian Owaru Kafwa v Sensations Limited [2022] KEELRC 186 (KLR)
The bottom line
#The Employment Court ruled it can hear a sales rep's unfair termination claim even though his salary was under the Kshs.80,000 Magistrates Court threshold.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC lacks pecuniary jurisdiction over the claim by reason of the Gazette Notice of 22nd June 2018 conferring jurisdiction on Magistrates Courts over claims where gross salary does not exceed Kshs.80,000/=
The preliminary objection fails. The Gazette Notice does not oust the ELRC's jurisdiction; the court has concurrent jurisdiction over such claims, and the claimant's actual salary is a factual question for determination after hearing the parties.
The court reasoned that the key issue is the amount of the claimant's salary, which is a factual matter determinable only upon hearing the parties, as held by Wasilwa J. It further adopted Nderi Nduma J's holding that the ELRC has concurrent jurisdiction with Magistrates Courts over claims earning under Kshs.80,000/=, and the Gazette Notice supplements rather than ousts the court's constitutional jurisdiction under Article 162. Additionally, the petition raises constitutional rights violations under the Employment Act and the Constitution which fall within this court's ambit but are limited in the subordinate courts.
Legal principles established
#- The Employment and Labour Relations Court has concurrent jurisdiction with the Magistrates Courts over claims by claimants earning a gross monthly salary of less than Kshs.80,000/=, and a Gazette Notice capping the subordinate court's pecuniary jurisdiction does not oust the ELRC's jurisdiction
- Whether a claimant's salary falls below the pecuniary threshold is a factual matter to be determined upon hearing the parties, not on a preliminary objection
- Constitutional rights claims in an employment dispute fall within the ELRC's ambit and should be retained by the court notwithstanding the pecuniary threshold
Court orders
#- 1.The Notice of Preliminary Objection on pecuniary jurisdiction is dismissed and the matter will proceed in this court
- 2.Respondent to file its response within 14 days and serve
- 3.Petitioner to file submissions within 14 days of service
- 4.Respondent to file its submissions within 14 days of service
- 5.Mention on 12th May 2022 to confirm compliance and give a judgment date
- Jurisdiction invoked
- Article 162(2) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act, No. 20 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Brian Owaru Kafwa v Sensations Limited [2022] KEELRC 186 (KLR)", Case Analysis (2022). Cause (number not stated on the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/186/eng@2022-04-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.