Okiro & 33 others v Rene Super Cleaning Services & another (Appeal E030 of 2021) [2023] KEELRC 1567 (KLR)
The bottom line
#The Employment Court in Kisumu upheld dismissal of 34 employees' claims because their case exceeded the money limit magistrates' courts can handle in employment disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether the two Claimants could testify on behalf of the other 32 Claimants in a representative capacity
The Claimants complied with Rule 9(1) & (2) of the ELRC (Procedure) Rules, 2016 and Order 1 Rule 13 of the Civil Procedure Rules by filing written authority to act, so the objection that two Claimants could not testify for the others failed
The court found it undisputed that the cause of action was the same for all 34 Claimants and that the authority to act granted to Jack Odhiambo Okiro and Nashon Otieno was filed together with the statement of claim. Compliance with the written-authority requirements of Rule 9(1) & (2) ELRC Rules and Order 1 Rule 13 CPR meant the assertion that the two could not testify for the 32 others could not stand.
Whether the Trial Magistrate's Court had pecuniary jurisdiction over the Claimants' claims
The Trial Court had no jurisdiction because the claims of between Kshs. 120,000 and Kshs. 179,000 per Claimant exceeded the delegated pecuniary limit of Kshs. 80,000 gross monthly pay under Gazette Notice No. 6024 of 10th June, 2018
Jurisdiction is everything; without it a court must down its tools. The Gazette Notice conferred delegated jurisdiction on Senior Resident Magistrates and above only over employment disputes where the employee's gross monthly pay does not exceed Kshs. 80,000. The claims ranged between Kshs. 120,000 and Kshs. 179,000, which fell outside the delegated pecuniary jurisdiction, so the dismissal of the suit was properly grounded on want of jurisdiction.
Legal principles established
#- On a first appeal, the appellate court's role is to re-evaluate, re-assess and re-analyse the record and determine whether the conclusions reached by the Trial Court are to stand
- Where a suit is instituted in a representative capacity, a letter of authority signed by all the other parties must be filed with the statement of claim under Rule 9 of the ELRC (Procedure) Rules, 2016 and Order 1 Rule 13 of the Civil Procedure Rules
- Magistrates' Courts exercising delegated employment jurisdiction under Gazette Notice No. 6024 of 10th June, 2018 are limited to disputes where the employee's gross monthly pay does not exceed KShs. 80,000
Court orders
#- 1.The appeal is dismissed
- 2.No orders as to costs
- On appeal from
- Chief Magistrate's Court at Kisumu (Employment and Labour relations)
- Employment Case Number 3 of 2018
- Jurisdiction invoked
- First appeal to the Employment and Labour Relations Court pursuant to the Employment and Labour Relations Court Act, 2011 (section 29(3) and (4)(b) delegation under Gazette Notice No. 6024 of 10th June, 2018)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okiro & 33 others v Rene Super Cleaning Services & another (Appeal E030 of 2021) [2023] KEELRC 1567 (KLR)", Case Analysis (2023). Appeal No E030 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1567/eng@2023-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.