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ELRCStruck OutNot stated in the judgment· [2025] KEELRC 950 (KLR)

Karimi v Bonfire Adventures & Events Ltd & 2 others (Employment and Labour Relations Cause E032 of 2025) [2025] KEELRC 950 (KLR)

Employment and Labour Relations Court of Kenya
27 March 2025
4,468 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court struck out a housekeeper's rights claim because her complaint arose after her job had ended and against the wrong defendants.

What this practically means

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Executive summary

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The Claimant, employed as a Housekeeper by the 1st Respondent under a contract dated 14th June 2024 at a monthly salary of Ksh. 36,000.00, sued for compensation for violation of her rights to privacy and dignity. She alleged that the 3rd Respondent accosted and threatened her over an alleged affair with the 2nd Respondent; that the dispute was settled through diversion with a payment of Ksh. 250,000.00, after which her employment ended on 15th October 2024; and that on 4th and 5th December 2024 the 2nd Respondent leaked CCTV footages of the altercations to social media influencers, damaging her reputation. She also sought an injunction restraining the Respondents from discussing her in media interviews and an order for production of the CCTV footages. The 2nd Respondent filed a preliminary objection contending that the court lacked monetary jurisdiction under section 29(3) of the ELRC Act and Gazette Notice No. 6024 of 2018, and lacked jurisdiction under Article 162(2) of the Constitution and section 12 of the ELRC Act because no employment relationship subsisted when the cause of action arose. The court held that the Gazette Notice did not oust its jurisdiction and that constitutional rights claims belong exclusively before it; however, the impugned publications post-dated the termination of employment, and the 2nd and 3rd Respondents were not the Claimant's employers, the 1st Respondent being a separate legal entity. Lacking an employment relation between the disputants at the material time, the court struck out the suit and made no order as to costs.

Key legal issues

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01

Whether the monetary jurisdiction conferred on the Magistrate's Court by section 29(3) of the ELRC Act and Gazette Notice No. 6024 of 2018 ousts the ELRC's jurisdiction over low-salary employment disputes

Holding

The objection on monetary jurisdiction fails; the Gazette Notice does not oust the ELRC's original and exclusive jurisdiction under section 12, and claims for violation of constitutional rights cannot be entertained by the Magistrate's Court in any event

Reasoning

Section 12 of the ELRC Act grants the court original and exclusive jurisdiction over all employment and labour disputes, including those within the Magistrate's Court's purview under the Gazette Notice. Further, Article 23(2) permits Magistrate's Courts to adjudicate constitutional rights claims only if Parliament has so legislated, and nothing in section 29 of the ELRC Act does so. Disputes raising constitutional rights violations fall exclusively to the ELRC where they arise from an employment and labour relation.

p. 4
02

Whether the ELRC has jurisdiction where the cause of action arose after the employment relationship had terminated

Holding

No. The employment relation must have been subsisting when the cause of action arose; here the publications of 4th–5th December 2024 post-dated the termination of employment on 15th October 2024

Reasoning

Following the Court of Appeal in Public Service Commission v Cheruiyot and the Supreme Court in Mumba v Munyao, the trigger for the suit must arise during the subsistence of the employment relation. The Claimant's own pleadings and affidavit confirmed the employment ended on 15th October 2024 upon settlement, while the impugned publications occurred in December 2024. The court therefore had no jurisdiction.

p. 5
03

Whether the Claimant had an employment relationship with the 2nd and 3rd Respondents

Holding

No. Her employer was the 1st Respondent company; the 2nd and 3rd Respondents were distinct legal persons and were not sued in any agency capacity

Reasoning

Relying on the separate legal personality of a limited liability company, the court held that being assigned duties at the 2nd and 3rd Respondents' residence did not make them her employers. The gravamen of the complaint was their personal conduct, not acts done as agents of the 1st Respondent, so no employment relation linked the disputants.

p. 7
04

Whether the preliminary objection was a proper preliminary objection on a pure point of law

Holding

Yes. It challenged jurisdiction (a pure point of law) on facts not contested by the parties

Reasoning

Applying Mukisa Biscuit, the court found the objection challenged the court's jurisdiction, which is a pure point of law, and the factual basis of the second limb (the absence of a subsisting employment relation when the cause of action arose) was admitted by the Claimant and not contested by the 2nd Respondent.

p. 3

Legal principles established

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  • The ELRC's jurisdiction requires an employment and labour relation that was subsisting at the time the cause of action arose
  • Employment disputes seeking redress for violation of constitutional rights fall within the ELRC's exclusive original jurisdiction and are removed from the Magistrate's Court notwithstanding the monetary jurisdiction Gazette Notice
  • A limited liability company is a distinct legal entity separate from its shareholders, directors and employees; assigning an employee to work at a director's residence does not make the directors her employers
  • A court without jurisdiction must not expand its mandate through judicial craft; a decision made without jurisdiction is a nullity

Court orders

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  1. 1.The suit and the application dated 21st January 2025 struck out for want of jurisdiction
  2. 2.No order as to costs
Jurisdiction invoked
Article 162(2) of the Constitution and section 12 of the Employment and Labour Relations Court Act, 2011 (court found it lacked jurisdiction over the dispute)

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, "Karimi v Bonfire Adventures & Events Ltd & 2 others (Employment and Labour Relations Cause E032 of 2025) [2025] KEELRC 950 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/950/eng@2025-03-27

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