Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedPetition dated 29.05.2024 (ELRC Nairobi)

Angule v Innovation for Poverty Action (Kenya) "IPA (K)" (Petition E082 of 2024) [2024] KEELRC 2682 (KLR)

Employment and Labour Relations Court
30 October 2024
787 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled that employees earning under Kshs. 80,000 can still file constitutional rights petitions, because magistrates' courts cannot award compensation for rights violations.

What this practically means

#

Executive summary

#
The respondent filed a notice of preliminary objection dated 03.07.2024 seeking striking out of the petitioner's petition dated 29.05.2024 on grounds that it was incompetent, frivolous and misconceived; that it was a disguised contractual employment dispute clothed in Bill of Rights language; that it offended the doctrine of constitutional avoidance; and that, per Gazette Notice No. 6024 of 22.06.2018, the Magistrates' Court should adjudicate the claim since the petitioner's gross monthly pay was below Kshs. 80,000.00. The respondent filed written submissions dated 01.09.2024; the petitioner relied on submissions dated 01.10.2024 and rebuttal submissions dated 03.10.2024. The Court (Byram Ongaya, Principal Judge) held that although the petition also raised contractual claims such as unfair termination, overtime, leave and benefits, the pleadings disclosed particulars of alleged violations of Articles 27, 41(1), 41(2) and 55, including expropriation of intellectual property, discrimination on multiple grounds, damage to professional reputation and loss of livelihood. The petition therefore passed the constitutional avoidance test on the face of the pleadings. On jurisdiction, the Court acknowledged the monetary jurisdiction of the Magistrates' Court but found that section 8(3) of the Magistrates' Courts Act, Cap 10 bars magistrates' courts from hearing compensation claims for violation of Bill of Rights rights, so the petitioner was entitled to bring the constitutional petition. The preliminary objection was dismissed with costs in the cause and parties were directed to take directions for expeditious determination of the petition.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the petition is trapped by the doctrine of constitutional avoidance as a disguised contractual employment dispute
  2. 2.Whether the Magistrates' Court, and not the ELRC, has jurisdiction given the petitioner's gross monthly pay of less than Kshs. 80,000.00 per Gazette Notice No. 6024
  3. 3.Whether the petition discloses a proper cause of action for violation of Bill of Rights provisions

Key legal issues

#
01

Doctrine of constitutional avoidance

Holding

The objection fails because the petition pleads particulars of alleged rights violations beyond breach of the employment contract, so it is not a disguised contractual dispute at this stage

Reasoning

The court examined the pleaded case and found specific allegations of unlawful expropriation of intellectual property, discrimination on multiple grounds, damage to professional reputation and deprivation of livelihood, together with prayers for declarations of violations of Articles 27 and 41. Because such particulars go beyond the contract of service, the petition passes the constitutional avoidance test and can only be tested at the hearing.

p. 2
02

Jurisdiction conferred by Gazette Notice No. 6024 versus constitutional jurisdiction

Holding

Although the petitioner earns under Kshs. 80,000.00 and the matter would ordinarily lie before the Magistrates' Court, she was entitled to move the ELRC because the Magistrates' Court cannot entertain claims for compensation for violation of Bill of Rights rights

Reasoning

The court acknowledged that by Gazette Notice No. 6024 the Magistrates' Court handles employment claims where gross monthly pay does not exceed Kshs. 80,000.00. However, section 8(3) of the Magistrates' Courts Act expressly excludes jurisdiction over compensation claims for violation of constitutional rights, so the claim for infraction of fundamental rights and freedoms could only be brought as a constitutional petition in this Court.

p. 3

Legal principles established

#
  • A petition survives a constitutional avoidance objection where the pleadings set out particulars of alleged violations of the Bill of Rights going beyond a mere contract of service
  • A magistrates' court has no jurisdiction to hear claims for compensation for violation of rights or fundamental freedoms in the Bill of Rights

Court orders

#
  1. 1.The notice of preliminary objection dated 18.10.2024 is dismissed with costs in the cause
  2. 2.Parties to take directions for further steps towards expeditious determination of the petition

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Concurrent jurisdiction of the ELRC under the Constitution and the Employment Act, with reference to Gazette Notice No. 6024 (Vol. CXX No. 74) of 22.06.2018 and section 8(3) of the Magistrates' Courts Act, Cap 10

Relief refused

#

Striking out/dismissal of the petition as sought in the preliminary objection

The petition on its face discloses a proper cause of action for violation of Bill of Rights provisions and the Magistrates' Court cannot hear claims for compensation for violation of constitutional rights

p. 3

Costs

Preliminary objection dismissed with costs in the cause

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

on the face of the pleadings, a proper cause of action for violation of rights has been pleaded and until the petition is heard, it passes the test and is not trapped by the doctrine of constitutional avoidance
p. 2constitutional avoidance test on pleadings
Nothing in this Act may be construed as conferring jurisdiction on a Magistrates Court to hear and determine claims for compensation for loss or damage sufiered in consequence of a violation, infringement, denial of a right or fundamental freedom in the Bill of Rights.
p. 3jurisdiction of magistrates' courts over constitutional claims
the notice of preliminary objection dated 18.10.2024 is dismissed with costs in the cause and parties to take directions for further steps towards expeditious determination of the petition
p. 3final orders

Issues in the judgment

#
minor

The judgment refers to the notice of preliminary objection as dated 03.07.2024 in the opening paragraph but as dated 18.10.2024 in the concluding orders

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Angule v Innovation for Poverty Action (Kenya) "IPA (K)" (Petition E082 of 2024) [2024] KEELRC 2682 (KLR)", Case Analysis (2024). Petition dated 29.05.2024 (ELRC Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2682/eng@2024-10-30

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