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ELRCPartially AllowedJudicial Review E033 of 2023 (ex parte notice of motion dated 8th February 2023)· [2023] KEELRC 2546 (KLR)

Republic v Chief Magistrate Court, Migori; John & 10 others (Interested Parties) (Judicial Review Application E001 of 2023) [2023] KEELRC 2546 (KLR)

Employment and Labour Relations Court
19 October 2023
CBChristine N. Baari
2,542 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court quashed Migori magistrates' orders because they exceeded the Kshs. 80,000 limit on employment cases they may hear.

What this practically means

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Executive summary

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The Ex-parte Applicant sought orders of certiorari to quash ex parte proceedings and orders of the Migori Chief Magistrates Court made on 30th January 2023 in Migori CMCC No. E012 of 2023, and prohibition barring the Respondent court from continuing with those proceedings. His case was that a subordinate court lacks jurisdiction to supervise persons or bodies exercising judicial or quasi-judicial functions; that the subject matter mirrored Kisumu ELRC Petition No. E002 of 2023 concerning petitions under Section 15(1) of the County Governments Act for removal of Migori County Public Service Board members; and that the 1st and 2nd Interested Parties lacked locus standi. The 5th Interested Party supported the motion; the 6th to 11th Interested Parties opposed, contending the Magistrates Court had jurisdiction under Sections 8 and 9 of the Fair Administrative Actions Act and Section 8 of the Magistrates Court Act. The Respondent did not participate. Framing the single issue as whether the judicial review orders were merited, the Court noted it had already ruled on 4th May 2023 that the dispute was an employment matter within its jurisdiction. While Magistrates Courts may hear employment disputes within the pecuniary limits delegated by Gazette Notice No. 6024 of 22nd June 2018 (Kshs. 80,000), the Respondent exceeded its jurisdiction in granting the impugned orders. The Court exercised its supervisory jurisdiction under Article 165(6) and (7) and issued certiorari and prohibition. The sub judice argument failed because the petition had already been determined by Justice Radido on 24th May 2023. No orders on costs were made as the Respondent did not defend the suit.

Key legal issues

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01

Whether the Chief Magistrates Court had jurisdiction to entertain and issue orders in Migori CMCC No. E012 of 2023

Holding

The Respondent exceeded its jurisdiction, having regard to the pecuniary limits of Kshs. 80,000 delegated under Gazette Notice No. 6024 of 22nd June 2018, and the matter was an employment dispute within the ELRC's jurisdiction

Reasoning

The subject matter of the proceedings was the consideration by the County Assembly of Migori of petitions for removal of the 6th-11th Interested Parties from the County Public Service Board, which this Court had already found in a ruling of 4th May 2023 to be an employment dispute. Although Magistrates Courts may determine employment matters within delegated pecuniary limits, the Respondent exceeded those limits in granting the orders, warranting certiorari and prohibition.

p. 5
02

Whether the proceedings in Migori CMCC No. E012 of 2023 were sub judice Kisumu ELRC Petition No. E002 of 2023

Holding

The sub judice claim failed because the petition had already been heard and determined, leaving only taxation of costs

Reasoning

The Applicant argued the CMCC proceedings duplicated the petition before the ELRC. However, the record showed that Kisumu ELRC Petition No. E002 of 2023 was already determined by Justice Radido on 24th May 2023, with only taxation of costs pending. It was therefore not true that a similar suit existed on the same subject matter before this Court.

p. 6

Legal principles established

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  • The supervisory jurisdiction of the ELRC over subordinate courts is exercised sparingly and only where the lower court has exceeded its jurisdiction or proceeded on an erroneous presumption of jurisdiction
  • A Magistrates Court is bound by the pecuniary limits delegated to it and acts in excess of jurisdiction when granting relief beyond those limits

Court orders

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  1. 1.Order of certiorari quashing the ex parte proceedings and Order of the Migori Chief Magistrates Court made on 30th January 2023 in Migori CMCC No. E012 of 2023 in favour of the 1st and 2nd Interested Parties
  2. 2.Order of prohibition prohibiting the Respondent, Chief Magistrates Court Migori, and/or any other Magistrate in that station or any other station, from continuing with the hearing and/or otherwise handling any aspect of the proceedings in Migori CMCC No. E012 of 2023
Jurisdiction invoked
Article 165(6) and (7) of the Constitution as read with Article 162(2)(a) and Section 12 of the Employment and Labour Relations Court Act

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, "Republic v Chief Magistrate Court, Migori; John & 10 others (Interested Parties) (Judicial Review Application E001 of 2023) [2023] KEELRC 2546 (KLR)", Case Analysis (2023). Judicial Review E033 of 2023 (ex parte notice of motion dated 8th February 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2546/eng@2023-10-19

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