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ELRCOtherClaim dated 11th June 2021 (filed at Chief Magistrate's Court Nairobi as Civil Case E488/2021)· [2022] KEELRC 1333 (KLR)

Muckoya v Nevira Minerals Limited (Cause E488 of 2021) [2022] KEELRC 1333 (KLR)

Employment and Labour Relations Court
7 July 2022
AMAnna Ngibuini Mwaure
935 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Employment claims by Kenyans earning under Kshs 80,000 a month can be moved from the ELRC to the Magistrate's Court instead of being dismissed.

What this practically means

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Executive summary

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Mary Magdalene Muckoya sued Nevira Minerals Limited for unfair termination of her employment, having worked from 23rd September 2019 to 20th April 2021. The respondent raised a preliminary objection contending that the ELRC lacked jurisdiction because the claimant's gross monthly salary of Kshs. 69,747.64 fell below the Kshs. 80,000 threshold, placing the claim within the jurisdiction of the Chief Magistrate's Court. The claimant did not contest the substance of this, admitting the salary figure and asking the court to determine the matter without recourse to legal technicalities. Judge Anna Ngibuini Mwaure relied on Paragraph 1 of Gazette Notice No. 6024 of 22nd June 2018, made under section 29(3) and (4)(b) of the ELRC Act, 2011, which designates Special Magistrates to hear employment disputes where gross monthly pay does not exceed Kshs. 80,000. The court applied the decision in John Adoyo v De La Rue and the Court of Appeal's ruling in Mugendi v Kenyatta University, holding that matters encountered in a court without proper jurisdiction should be transferred rather than struck out, to meet the ends of justice. The court noted that the case had in fact been filed at the Nairobi Chief Magistrate's Court as Civil Case E488/2021 and observed it was unclear how it ended up in the ELRC. The court ordered the matter transferred to the Chief Magistrate's Court and made no costs order. The outcome is best classified as other: the preliminary objection effectively succeeded by way of transfer of the suit.

Key legal issues

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Jurisdiction over employment claims where gross monthly salary is below Kshs. 80,000

Holding

The ELRC lacks exclusive jurisdiction; such claims fall to be heard by Special Magistrates designated under Gazette Notice No. 6024, and the court should transfer the matter rather than strike it out

Reasoning

The court relied on the Gazette Notice made under section 29(3) and (4)(b) of the ELRC Act, 2011, which designates Senior Resident Magistrates and above to hear employment disputes where gross monthly pay does not exceed Kshs. 80,000. Following the De La Rue and Mugendi decisions, the court found transfer, not striking out, appropriate where a court without jurisdiction encounters a matter properly litigable in another court. The claimant's undisputed salary of Kshs. 69,747 falls within that range.

p. 2

Legal principles established

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  • The Employment and Labour Relations Court has concurrent jurisdiction with the Magistrates' Courts over employment claims where the claimant's gross monthly salary does not exceed Kshs. 80,000, and such matters may be transferred to the Magistrates' Court

Court orders

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  1. 1.This matter be transferred to the Chief Magistrate's Court which has jurisdiction to hear and determine it

Authorities

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Legislation

  • Employment and Labour Relations Court ActSection 29(3) and (4)(b)
  • Gazette Notice No. 6024, Volume CXX-No. 74 of 22nd June 2018Paragraph 1
  • Labour Relations ActNot specified (trade disputes excluded)
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B
  • Civil Procedure RulesOrder 21 Rule 1
  • Employment and Labour Relations Court (Procedure) Rules2016

Cases cited (2)

  • John Adoyo & 6 Others v De La Rue Currency and Security Print Limited
    [2022] eKLR
  • Professor Daniel N. Mugendi vs Kenyatta University & Others
    Civil Appeal No. 6 of 2012 [2013] eKLR
Jurisdiction invoked
Section 29(3) and (4)(b) of the Employment and Labour Relations Court Act, 2011 as read with Gazette Notice No. 6024, Volume CXX-No. 74 of 22nd June 2018

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muckoya v Nevira Minerals Limited (Cause E488 of 2021) [2022] KEELRC 1333 (KLR)", Case Analysis (2022). Claim dated 11th June 2021 (filed at Chief Magistrate's Court Nairobi as Civil Case E488/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1333/eng@2022-07-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.