Njuguna & 2 others v Vintz Plastics Ltd (Cause E624 of 2023) [2025] KEELRC 1001 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Competency of a joint cause by claimants terminated at different times for different reasons
The joint Memorandum of Claim was incompetent; each Claimant should have filed a personal cause
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.
Jurisdiction of the ELRC over disputes where monthly pay is below Kshs 80,000/-
The Court declined jurisdiction because such disputes were delegated to the Senior Resident Magistrates Court
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.
Legal principles established
#- 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
#- 1.The Memorandum of Claim lodged in this Court on 8 September 2023 is struck out
- 2.No order on costs since the Respondent did not attend the hearing
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.