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ELRCStruck OutCause dated 4 August 2023 (Memorandum of Claim lodged 8 September 2023)· [2025] KEELRC 1001 (KLR)

Njuguna & 2 others v Vintz Plastics Ltd (Cause E624 of 2023) [2025] KEELRC 1001 (KLR)

Employment and Labour Relations Court
27 March 2025
456 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Three workers had their employment case struck out because they sued together and in the wrong court, since they each earned under Kshs 80,000 monthly.

What this practically means

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Executive summary

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Three Claimants sued Vintz Plastics Ltd on 4 August 2023 claiming wrongful, unfair and unlawful termination, failure to pay terminal benefits, and violations of the rights to fair administrative action, fair labour practices and a fair hearing. Each Claimant earned Kshs 14,000/- per month and testified that his contract was terminated on a distinct date: 21 April 2023, 8 March 2022 and 30 September 2022 respectively. The Respondent filed its Response out of time (admitted on 29 October 2024) and, though served with the hearing notice, neither it nor its advocate attended the hearing on 11 February 2025; the hearing proceeded ex parte and the Respondent later filed submissions on 10 March 2025. The Court identified two threshold problems. First, because each Claimant's contract was terminated on distinct dates and for reasons specific to each, it was incompetent to sue jointly; each Claimant should have instituted a Cause personal to them. Second, under Gazette Notice No. 6024 of 2018, jurisdiction over disputes where monthly pay is less than Kshs 80,000/- was delegated to the Senior Resident Magistrates Court, so the claims were filed in the wrong forum. The Court declined jurisdiction and struck out the Memorandum of Claim lodged on 8 September 2023, making no order on costs because the Respondent did not attend the hearing, and granting the Claimants liberty to approach the right court if limitation law allows.

Key legal issues

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01

Competency of a joint cause by claimants terminated at different times for different reasons

Holding

The joint Memorandum of Claim was incompetent; each Claimant should have filed a personal cause

Reasoning

The Claimants testified their contracts were terminated on distinct dates (21 April 2023, 8 March 2022 and 30 September 2022) and for reasons specific to each. Because the causes of action were separate and individual, there was no commonality justifying a joint suit; each Claimant ought to have instituted a Cause personal to them.

p. 2
02

Jurisdiction of the ELRC over disputes where monthly pay is below Kshs 80,000/-

Holding

The Court declined jurisdiction because such disputes were delegated to the Senior Resident Magistrates Court

Reasoning

The Claimants earned Kshs 14,000/- per month, far below the Kshs 80,000/- threshold. Under Gazette Notice No. 6024 of 2018, jurisdiction over such disputes was delegated to the Senior Resident Magistrates Court. The Claimants therefore originated their claims in the wrong forum, and the Court struck out the Memorandum of Claim while leaving them free to file in the proper court if limitation allows.

p. 2

Legal principles established

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  • Where claimants' contracts were terminated at distinct dates and for reasons specific to each, joint litigation is incompetent and each claimant should institute a cause personal to them
  • Under Gazette Notice No. 6024 of 2018, jurisdiction over employment disputes where monthly pay is less than Kshs 80,000/- is delegated to the Senior Resident Magistrates Court

Court orders

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  1. 1.The Memorandum of Claim lodged in this Court on 8 September 2023 is struck out
  2. 2.No order on costs since the Respondent did not attend the hearing
  3. 3.The Claimants are at liberty to approach the right Court if limitation law allows
Jurisdiction invoked
Gazette Notice No. 6024 of 2018 delegating to the Senior Resident Magistrates Court disputes where monthly pay is less than Kshs 80,000/-

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, "Njuguna & 2 others v Vintz Plastics Ltd (Cause E624 of 2023) [2025] KEELRC 1001 (KLR)", Case Analysis (2025). Cause dated 4 August 2023 (Memorandum of Claim lodged 8 September 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1001/eng@2025-03-27

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