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ELRCOtherNot stated in judgment· [2025] KEELRC 397 (KLR)

Declan v Damacrest Group of Schools & 2 others (Cause E500 of 2024) [2025] KEELRC 397 (KLR)

Employment and Labour Relations Court
14 February 2025
CBC. N. Baari
728 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's ELRC did not lose power over low-salary employment disputes; magistrates' new role is a shared option, so such cases get transferred, not thrown out.

What this practically means

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Executive summary

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The Respondents raised a preliminary objection dated 2nd September 2024 seeking striking out of the Claimant's claim on the ground that the ELRC lacked jurisdiction because the Claimant's salary at termination was Kshs. 20,000/-, below the Kshs. 80,000/- threshold in Gazette Notice No. 6024. The Claimant opposed, arguing the gazette notice did not oust the ELRC's constitutional jurisdiction under Article 162 and the ELRC Act, and that the notice had merely delegated work to magistrates to ease pressure on the pioneer judges. The court framed a single issue: whether it had jurisdiction to hear the claim. Citing Owners of Motor Vessel 'Lilian S', the court acknowledged that the Chief Justice, by Gazette Notice No. 6024 and Section 7 of the Magistrates' Act, conferred jurisdiction on magistrates over employment disputes where gross monthly salary does not exceed Kshs. 80,000/-. However, it held that this delegation donated concurrent, not exclusive, jurisdiction to the magistracy, and did not divest the ELRC of its original jurisdiction under Article 162(2)(a) and Section 12 of the ELRC Act. Since the Claimant's salary was admittedly Kshs. 20,000/-, the court concluded the matter was one for transfer, not striking out, there being a competent suit capable of trial. The court ordered the suit transferred to the Magistrates' court and directed that each party bear their own costs.

Key legal issues

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Whether the ELRC lacks jurisdiction over employment disputes where the employee's gross salary is below Kshs. 80,000/-

Holding

The ELRC retains jurisdiction; the gazette notice and Section 7 of the Magistrates' Act donated concurrent jurisdiction to magistrates, so the matter is one for transfer, not striking out.

Reasoning

The court accepted that the Chief Justice, pursuant to Gazette Notice No. 6024 and to reduce backlog, conferred jurisdiction on magistrates over employment disputes where gross salary does not exceed Kshs. 80,000/-. However, this delegation donates concurrent jurisdiction to the magistracy alongside the ELRC's constitutional and statutory jurisdiction under Article 162(2)(a) and Section 12 of the ELRC Act. Since a competent suit exists and the suit was not entirely filed before the wrong forum, the court transferred rather than struck it out.

p. 2

Legal principles established

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  • The delegation of jurisdiction to magistrates under Gazette Notice No. 6024 and Section 7 of the Magistrates' Act confers concurrent, not exclusive, jurisdiction on the magistracy; it does not oust the ELRC's original jurisdiction.
  • Where a suit is within a magistrate's pecuniary jurisdiction in employment matters, the appropriate course is transfer to the magistrates' court rather than striking out.

Court orders

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  1. 1.The suit is transferred for hearing and determination before the Magistrates' court.
  2. 2.Parties shall bear their own costs.

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(1)(2)(a)
  • Employment and Labour Relations Court Act, 2011Section 12; Section 29(3)
  • Employment Act, 2007Not specified
  • Labour Relations ActNot specified
  • Magistrates' ActSection 7
  • Gazette Notice No. 6024 (Vol. CXX No. 74)Pecuniary jurisdiction threshold of Kshs. 80,000/-

Cases cited (2)

  • Owners of Motor Vessel "Lilian S" vs Caltex Oil (Kenya) Limited
    [1989]
  • Meeli Ole Naisewa vs Benson Gachuki Kinyanjui
    [2016] eKLR
Jurisdiction invoked
Article 162(1)(2)(a) of the Constitution 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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Later judgments citing this (2)

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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, "Declan v Damacrest Group of Schools & 2 others (Cause E500 of 2024) [2025] KEELRC 397 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/397/eng@2025-02-14

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