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ELRCDismissedCause No 11 of 2016· [2023] KEELRC 1737 (KLR)

Okwaro v Taita Taveta County Government (Cause 11 of 2016) [2023] KEELRC 1737 (KLR)

Employment and Labour Relations Court
10 July 2023
ANAGNES KITIKU NZEI
1,004 words in judgment
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The bottom line

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Kenya's Employment and Labour Relations Court kept a salary dispute worth Ksh. 64,000 monthly, ruling magistrates' courts cannot take over cases already before it.

What this practically means

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Executive summary

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This was a ruling on a Notice of Motion dated February 21, 2023 in which the Respondent, County Government of Taita-Taveta, through its County Secretary Liverson Mgendi, challenged the pecuniary jurisdiction of the Employment and Labour Relations Court over a claim filed in January 2016 by the Claimant, an advocate who alleged he was owed employment entitlements. The Respondent argued that the Claimant's gross monthly salary of Ksh. 64,000 fell within the jurisdiction of the Magistrate's Court under Section 7 of the Magistrate's Courts Act and Gazette Notice No 6024 Vol. CXX No 74, that the cause of action arose in Taita-Taveta, and sought dismissal of the suit or, in the alternative, its transfer to the Chief Magistrate's Court at Voi. The Claimant opposed, citing Article 162(2) of the Constitution and Section 12 of the ELRC Act, and noting that the gazette notice did not exist when the suit was filed. The court framed a single issue: whether it was seized of pecuniary jurisdiction. It held that as a superior court with unlimited original and appellate jurisdiction over employment disputes, the gazette notice did not diminish its jurisdiction, and the notice came into being while the suit was already pending. The court also criticized the Respondent's persistent non-compliance with pre-trial directions and refusal to allow the seven-year-old suit to proceed, describing the application as forum shopping. The application was dismissed with costs. Mr. Otieno appeared for the Claimant and Mr. Odenga for the Respondent.

Key legal issues

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Whether the ELRC retains pecuniary jurisdiction over a claim by an employee earning Ksh. 64,000 gross monthly salary notwithstanding Gazette Notice No 6024 Vol. CXX No 74 extending jurisdiction to magistrates' courts

Holding

Yes - the ELRC has unlimited jurisdiction over employment disputes; the gazette notice did not diminish it and did not exist when the suit was filed

Reasoning

The court held that Article 162(2)(a) of the Constitution and Section 12 of the ELRC Act confer unlimited original and appellate jurisdiction on the court over employment and labour relations disputes. The gazette notice extending jurisdiction to subordinate courts over some employment matters did not take away that jurisdiction. Moreover, the notice came into force while the suit was already pending, and the respondent's conduct suggested forum shopping and delay. The suit, already over seven years old, must be heard on its merits without further delay.

p. 2

Legal principles established

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  • The ELRC is a superior court with unlimited original and appellate jurisdiction over employment and labour disputes, which a gazette notice conferring concurrent jurisdiction on subordinate courts does not diminish
  • A gazette notice conferring jurisdiction on subordinate courts in employment matters does not retrospectively divest the ELRC of jurisdiction over suits already pending before it

Court orders

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  1. 1.The Notice of Motion dated February 21, 2023 is dismissed
  2. 2.Costs of the application awarded to the Claimant

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(2)(a)
  • Employment and Labour Relations Court ActSections 3 and 12
  • Magistrate's Courts ActSection 7
  • Kenya Gazette Notice No 6024 Vol. CXX No 74-
Jurisdiction invoked
Article 162(2)(a) of the Constitution of Kenya, 2010 and Section 12 of the Employment and Labour Relations Court Act, 2011

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, "Okwaro v Taita Taveta County Government (Cause 11 of 2016) [2023] KEELRC 1737 (KLR)", Case Analysis (2023). Cause No 11 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1737/eng@2023-07-10

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