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ELRCOtherChief Magistrate's Court Case No. CMEL 227 of 2019 (appeal from Milimani Commercial Courts)· [2024] KEELRC 570 (KLR)

Mutiso v Oshwal Educationa Relief Board (Employment and Labour Relations Appeal E118 of 2022) [2024] KEELRC 570 (KLR)

Employment and Labour Relations Court
14 March 2024
1,903 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

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Kenya's Employment Court threw out a five-year-old dismissal case because it was filed in the wrong court — the teacher earned just over the Ksh. 80,000 salary limit for magistrates.

What this practically means

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Executive summary

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The Appellant, a teacher engaged by the Respondent on 13th January 2014, was summarily dismissed on 30th November 2017 for absenteeism after he absented himself to sit his Advocates Training Programme examinations without formal approval. The trial magistrate upheld the dismissal as fair, dismissing the claim save for orders that the Respondent issue a Certificate of Service and pay costs. On first appeal, Judge B. O. M. Manani raised the issue of jurisdiction sua motu. Under section 29 of the Employment and Labour Relations Court Act and Gazette Notice No. 6024 of 2018, magistrates of the rank of Senior Resident Magistrate and above may only hear employment contract disputes where the employee's gross monthly pay does not exceed Ksh. 80,000. Although the Appellant's starting salary fell below the threshold, his salary at termination stood at Ksh. 81,800, as confirmed by the parties' pleadings, his pay slips and the salary review letter of 6th October 2016. The claim was therefore beyond the magistrate's court's monetary jurisdiction and ought to have been filed before the ELRC. Relying on authority that jurisdiction cannot be conferred by consent or acquiescence and may be addressed suo motu at any stage, the court held that the suit was a nullity ab initio, declared the judgment of 21st June 2022 a nullity, set it aside, and struck out the suit for want of jurisdiction. Each party was ordered to bear its own costs both at trial and on appeal. The merits of the dismissal were not reached.

Key legal issues

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01

Whether the trial magistrate's court had monetary jurisdiction over the employment claim

Holding

The trial court lacked jurisdiction because the Appellant's gross monthly salary at termination (Ksh. 81,800) exceeded the Ksh. 80,000 threshold in Gazette Notice No. 6024 of 2018

Reasoning

Section 29 of the ELRC Act empowers the Chief Justice to gazette magistrates to hear employment matters. Gazette Notice No. 6024 of 2018 limits such jurisdiction to employees earning not more than Ksh. 80,000 gross monthly pay. The Appellant's salary was revised to Ksh. 81,800 effective 6th October 2016, confirmed by pay slips and the Memoranda of both parties, placing the claim outside the magistrate's court's monetary jurisdiction.

p. 4
02

Whether the court may raise jurisdiction sua motu on appeal even where parties did not raise it

Holding

Yes; jurisdiction is primordial, exists from filing to determination, and a court must satisfy itself of jurisdiction at any stage

Reasoning

Relying on Okiya Omtata Okoiti quoting Lemita Ole Lemein, the court held that jurisdiction need not be raised by parties; it can be determined suo motu even on appeal, and once in doubt must be addressed in priority to all else. Neither consent nor acquiescence nor ignoring the issue can confer jurisdiction.

p. 4

Legal principles established

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  • Jurisdiction cannot be conferred by consent or acquiescence of the parties and may be raised suo motu at any stage
  • A suit filed before a court without jurisdiction is a nullity and any decision flowing from it is a nullity of no legal effect
  • Magistrates' courts may only hear employment disputes where the employee's gross monthly pay does not exceed Ksh. 80,000, per Gazette Notice No. 6024 of 2018

Court orders

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  1. 1.The impugned judgment rendered on 21st June 2022 is declared a nullity for want of jurisdiction
  2. 2.Chief Magistrate's Court Case No. CMEL 227 of 2019, Milimani Commercial Courts, between Bernard Nzyuko Mutiso and Oshwal Educational Relief Board is struck out for want of jurisdiction
  3. 3.Each party to bear own costs both before the trial court and in the appeal
On appeal from
Chief Magistrate's Court, Milimani Commercial Courts
CMEL 227 of 2019
Jurisdiction invoked
Section 29 of the Employment and Labour Relations Court Act and Gazette Notice No. 6024 of 2018

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, "Mutiso v Oshwal Educationa Relief Board (Employment and Labour Relations Appeal E118 of 2022) [2024] KEELRC 570 (KLR)", Case Analysis (2024). Chief Magistrate's Court Case No. CMEL 227 of 2019 (appeal from Milimani Commercial Courts). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/570/eng@2024-03-14

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