Oriawo v KK Security Services Limited (Cause E624 of 2021) [2023] KEELRC 1322 (KLR)
The bottom line
#The Employment Court ruled that filing a salary-capped employment claim there instead of a magistrates' court is a fixable mistake, and simply transferred the case.
What this practically means
#Executive summary
#Key legal issues
#Pecuniary jurisdiction of the ELRC vis-à-vis designated magistrates' courts under Gazette Notice No. 6024 of 2018
The Gazette Notice conferred, not removed, jurisdiction; magistrates of the rank of Senior Resident Magistrate and above may hear employment disputes where gross monthly pay does not exceed KShs. 80,000
The court read Gazette Notice No. 6024, issued under section 29(3) and (4)(b) of the Employment and Labour Relations Court Act, 2011, as delegating the ELRC's power to designated special magistrates within salary caps. The claimant's claim fell within that delegated pecuniary jurisdiction, so it should have been filed in the magistrates' court, though residual jurisdiction technically remained with the ELRC.
Whether filing in a court with residual jurisdiction but outside the designated forum is fatal
It is a curable irregularity, not a fatal defect; the court exercised its power suo moto to transfer the suit to the Chief Magistrate's Court at Milimani
The respondent sought striking out for want of pecuniary jurisdiction. The court held that since residual jurisdiction resided in the ELRC, the misfiled suit was merely irregular. Rather than striking it out, the court invoked its own motion to transfer the matter to the proper forum, preserving the claim for hearing and disposal.
Legal principles established
#- Where a claim within the pecuniary jurisdiction of designated magistrates' courts is filed in the ELRC, the filing is an irregularity rather than a fatal defect, curable by transfer
- Gazette Notice No. 6024 of 2018 did not strip the ELRC of jurisdiction but donated its powers to Senior Resident Magistrates and above for claims where monthly salary does not exceed KShs. 80,000
Court orders
#- 1.The suit is transferred suo moto by the court to the Chief Magistrate's Court at Milimani Commercial Law Courts for hearing and disposal
- 2.Costs of the application shall be costs in the cause
- Jurisdiction invoked
- Section 29(3) and (4)(b) of the Employment and Labour Relations Court Act, 2011 as read with Gazette Notice No. 6024 of 2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oriawo v KK Security Services Limited (Cause E624 of 2021) [2023] KEELRC 1322 (KLR)", Case Analysis (2023). Cause No E624 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1322/eng@2023-05-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.