Republic v Chief Magistrates Bungoma; Wandabwa (Interested Party); Nee Chesikaki Farmers Co-op Society Limited (Exparte Applicant) (Judicial Review 4 of 2023) [2023] KEELRC 3244 (KLR)
The bottom line
#A Kenyan court confirmed that employment disputes between co-operatives and their employees belong in magistrates' courts, not the Co-operatives Tribunal, dismissing the society's challenge.
What this practically means
#Executive summary
#Key legal issues
#Whether the employment dispute between the co-operative society and its former CEO was within the Co-operatives Tribunal's jurisdiction under section 76
No - employment disputes between a society and its employee do not concern the business of a co-operative society and fall outside section 76
A plain reading of section 76 confines the Tribunal to disputes concerning the business of a co-operative society. An employment dispute arising from a contract of employment is not part of the society's business operations. The court adopted the interpretation in Republic v Matheka Kithome and the Lukenya Ranching and Wakiro decisions, upholding them as applicable.
Whether the Magistrate had jurisdiction over the employment claim
Yes - the Magistrate was gazetted as a Special Magistrate under Gazette Notice No. 6024 and the claimant's monthly salary of KShs 20,400 was within the KShs 80,000 threshold
Original jurisdiction over employment disputes lies with the ELRC under Article 162(2)(a) and section 12 of the ELRC Act, but the Chief Justice gazetted Senior Resident Magistrates and above as Special Magistrates for employment matters with a pay threshold. The claimant's stated salary of KShs 20,400 fell within the Magistrate's competence.
The purpose of the leave stage in judicial review
Leave screens out frivolous, vexatious or hopeless applications at an early stage
The court adopted the dictum of Waki J in the Kondo case as cited with approval by Njuguna J, that leave is meant to eliminate frivolous or hopeless applications, ensure only fit cases proceed, prevent waste of court time and remove uncertainty for public authorities.
Legal principles established
#- Employment disputes between a co-operative society and its employee fall outside the jurisdiction of the Co-operatives Tribunal under section 76 of the Co-operative Societies Act
- Magistrates of the rank of Senior Resident Magistrate and above, gazetted under Gazette Notice No. 6024 of 22nd June 2018, have jurisdiction over employment disputes where the employee's gross monthly pay does not exceed KShs 80,000
Court orders
#- 1.The application for leave by way of Chamber Summons dated 5th October 2023 is dismissed for lack of merit
- 2.The order of stay hinged on the application for leave is vacated
- 3.No order as to costs
- On appeal from
- Chief Magistrate's Court, Bungoma
- CMCC ELRC Claim No. 2 of 2021
- Jurisdiction invoked
- Order 53 Rule 1 of the Civil Procedure Rules (leave to apply for judicial review)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chief Magistrates Bungoma; Wandabwa (Interested Party); Nee Chesikaki Farmers Co-op Society Limited (Exparte Applicant) (Judicial Review 4 of 2023) [2023] KEELRC 3244 (KLR)", Case Analysis (2023). Chamber Summons dated 5th October 2023 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3244/eng@2023-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.