Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause (Notice of Motion dated 25th April 2023) arising from Kapsabet CMCC No 1 of 2022· [2023] KEELRC 2444 (KLR)

Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited (Miscellaneous Application E004 of 2023) [2023] KEELRC 2444 (KLR)

Employment and Labour Relations Court of Kenya
12 October 2023
HWHellen Wasilwa
1,915 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The claimant union filed a notice of motion dated 25th April 2023 seeking transfer of Kapsabet CMCC No 1 of 2022 to the Employment and Labour Relations Court at Kericho. The suit originated as ELRC Cause No E010 of 2022 filed in Kericho but was transferred by Justice Onesmus Makau to the Kapsabet Chief Magistrates Court pursuant to Legal Notice No 6024 of 2018. The applicant argued that the dispute, being filed by a trade union on behalf of its members, is a trade dispute under the Labour Relations Act and therefore excluded from the magistrates' courts' conferred jurisdiction, relying on Benta Achieng Odinyo v University of Nairobi and Kenya Plantation and Agricultural Workers Union v Flamingo Horticulture. The respondent opposed, contending that the grievants earned about Kshs 10,577.93, far below the Kshs 80,000 pecuniary threshold, and that the claim arose from negligent acts causing loss of property, not a trade dispute; the cause of action arose at Nandi Hills, within the Kapsabet court's jurisdiction, citing AVC Management Limited v Emmanuel Mwamunye Jilani. Justice Hellen Wasilwa held that matters filed by a union on behalf of members fall under the Labour Relations Act, which Legal Notice No 6024 of 2018 excludes from magistrates' jurisdiction, and that the ELRC is the court with jurisdiction. However, as the matter arose from Kapsabet, the court transferred it to ELRC Eldoret rather than Kericho. Costs were awarded in the cause.

Key legal issues

#
01

Whether the dispute is a trade dispute outside the magistrates' courts' conferred jurisdiction under Legal Notice No 6024 of 2018

Holding

The claim, filed by a trade union on behalf of its members, falls under the Labour Relations Act and is excluded from the matters magistrates may hear under Legal Notice No 6024 of 2018; the ELRC has jurisdiction.

Reasoning

Legal Notice No 6024 of 2018 confers jurisdiction on magistrates of the rank of Senior Resident Magistrate and above over employment contract disputes where gross monthly pay does not exceed Kshs 80,000, but expressly excludes trade disputes under the Labour Relations Act, 2007. Since the claimant is a trade union suing on behalf of its members, the dispute falls within the Labour Relations Act and only the ELRC can determine it. The applicants' salaries being below the threshold did not bring the matter within the magistrates' court's jurisdiction because the exclusion for trade disputes prevails.

p. 4
02

Which ELRC station has territorial jurisdiction

Holding

The matter, having arisen from Kapsabet, falls within the territorial jurisdiction of ELRC Eldoret, not Kericho where the application was filed.

Reasoning

Although the applicant sought transfer to ELRC Kericho, the court found that the cause of action arose in Nandi Hills/Kapsabet area, which falls within the territorial jurisdiction of the ELRC at Eldoret. The transfer was therefore directed to Eldoret rather than Kericho.

p. 5

Legal principles established

#
  • Matters filed by a trade union on behalf of its members fall under the Labour Relations Act and are excluded from the jurisdiction conferred on magistrates' courts by Legal Notice No 6024 of 2018; the proper forum is the ELRC.

Court orders

#
  1. 1.Kapsabet CMCC No 1 of 2022 transferred to the Employment and Labour Relations Court at Eldoret for hearing and final determination
  2. 2.Costs in the cause

Authorities

#

Legislation

  • Employment and Labour Relations Court Actsection 12
  • Employment and Labour Relations Court Actsection 29(3) and (4)(b)
  • Constitution of KenyaArticles 162(2)(a) and 165(5)
  • Civil Procedure ActSections 1A, 1B, 3, 3A, 18 & 63(e)
  • Civil Procedure RulesOrder 51 Rule 1
  • Labour Relations Actsection 2
  • Legal Notice No 6024 of 2018Gazette Notice appointing special magistrates
  • Work Injury Benefits Act
  • Employment Act
  • Labour Institutions Act
  • Occupational Safety and Health Act
  • Employment and Labour Relations Court (Procedure) Rules2016

Cases cited (3)

  • Benta Achieng Odinyo v University of Nairobi
    [2021] eKLR
  • Kenya Plantation and Agricultural Workers Union v Flamingo Horticulture
    [2023] eKLR
  • AVC Management Limited v Emmanuel Mwamunye Jilani
    (2022) eKLR
Jurisdiction invoked
Section 12 of the Employment and Labour Relations Court Act, Articles 162(2)(a) and 165(5) of the Constitution, Sections 1A, 1B, 3, 3A, 18 & 63(e) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited (Miscellaneous Application E004 of 2023) [2023] KEELRC 2444 (KLR)", Case Analysis (2023). ELRC Cause (Notice of Motion dated 25th April 2023) arising from Kapsabet CMCC No 1 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2444/eng@2023-10-12

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