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ELRCAllowedELRC Cause No 117 of 2018 (Application dated 16th May, 2023)· [2023] KEELRC 2536 (KLR)

Kenya Plantation and Agricultural Workers Union v Oyawa (Miscellaneous Application E023 of 2023) [2023] KEELRC 2536 (KLR)

Employment and Labour Relations Court
19 October 2023
HWHellen Wasilwa
2,279 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court in Nakuru set aside a Kshs 640,140 judgment, ruling the case was wrongly transferred and heard by the Chief Magistrate's Court.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nakuru, delivered by Lady Justice Hellen Wasilwa on 19th October 2023, determined a Notice of Motion dated 16th May 2023 by the Kenya Plantation Agricultural Workers Union. The Union sought to set aside the judgment of 11th November 2022 and the ruling of 23rd November 2022 in ELRC Cause No 117 of 2018, and to have the file transferred from the Chief Magistrate's Court to the ELRC for hearing and determination. The Union contended that the claim, originally filed in the ELRC on 8th November 2018, was illicitly moved to the Magistrate's Court without a formal application, leaving it unable to trace the file and unaware of the exparte proceedings before Orenge PM, in which a decretal sum of Kshs 640,140 was awarded. The Respondent opposed, arguing that the Magistrate's Court had jurisdiction under Legal Notice 6024 of 2018 given his salary of Kshs 27,000, that the Union had submitted to that jurisdiction, and that the application was a delay tactic given a pending appeal (ELRC Appeal No E027 of 2022/2023) and unpaid decretal sum. Examining the main file, the court found the claim was filed in the Employment Court, entered appearance was filed, yet on 12th March 2019 it was fixed before the Chief Magistrate's Court in the Union's absence, and judgment was delivered exparte. The court found it unclear how the file was transferred and concluded a miscarriage of justice had occurred. It exercised its discretion, set aside the judgment of 11th November 2022 and all subsequent orders, and directed the file to be heard in the ELRC Nakuru on merit, with costs in the cause.

Key legal issues

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01

Whether the subordinate court had jurisdiction to hear and determine the claim

Holding

The court found the matter was filed in the ELRC and was transferred without clarity, resulting in the claim being erroneously heard before the Chief Magistrate's Court, amounting to a miscarriage of justice.

Reasoning

The court examined the main file and noted the claim was filed as ELRC 117 of 2018 in the Employment Court, with the applicant entering appearance and communications directed to the DR ELRC Nakuru. However, on 12/3/2019 the claim was fixed for mention before the Chief Magistrate's court in the absence of the applicant, and judgment was thereafter delivered exparte. The court concluded the transfer's mechanism was unclear and the hearing was a miscarriage of justice justifying intervention.

p. 4
02

Whether the court should exercise its discretion to set aside the judgment and subsequent orders

Holding

The court exercised its discretion in favour of the applicant, setting aside the judgment and all subsequent orders and directing the file to be heard in the ELRC Nakuru on merit.

Reasoning

Having found that the claim was meant to be heard in the ELRC but was heard erroneously before the Chief Magistrate's Court, and that the applicant lost track of the file and did not participate in the hearing, the court held that a miscarriage of justice had occurred. The court therefore invoked its discretion, as prayed by the applicant, to set aside the judgment of 11/11/22 and all subsequent orders and remit the file for hearing on merit in the ELRC.

p. 5

Legal principles established

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  • Where a claim filed in the ELRC is erroneously heard and determined by a subordinate court, the ELRC may set aside the judgment and direct the file be heard in the ELRC on merit.

Court orders

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  1. 1.Set aside the judgment delivered on 11/11/22 and all subsequent orders
  2. 2.Direct the file to be heard in the ELRC Nakuru on merit
  3. 3.Costs in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3, 3A, 18B, 63(e)
  • Civil Procedure RulesOrder 51 Rule 1
  • Evidence ActSection 107(2)
  • Legal Notice number 6024 of 2018jurisdiction of magistrates of the rank of Senior Resident Magistrate and above over employment matters

Cases cited (4)

  • K N v J M T
    [2018] eKLR
  • Selle v Associated Motor Boat Co.
    [1968] EA 123
  • Coghlan v Cumberland
    (1898) 1 Ch. 704
  • Kenya Plantation Agricultural Workers Union v Gedion Oyawa (Nakuru Appeal No E027 of 2022)
Jurisdiction invoked
Sections 1A, 1B, 3, 3A, 18B & 63(e) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Plantation and Agricultural Workers Union v Oyawa (Miscellaneous Application E023 of 2023) [2023] KEELRC 2536 (KLR)", Case Analysis (2023). ELRC Cause No 117 of 2018 (Application dated 16th May, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2536/eng@2023-10-19

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