Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Kombanira & another (Cause E023 of 2025) [2025] KEELRC 1849 (KLR)
The bottom line
#Kenya's Employment Court confirmed that union-backed disputes stay with the ELRC, and workers can file claims where they live, not where they worked.
What this practically means
#Executive summary
#Key legal issues
#Pecuniary jurisdiction under Legal Notice No. 6024 of 2018
The Notice confers jurisdiction on Magistrates' Courts over employment disputes where gross monthly pay does not exceed Kshs. 80,000, but expressly excludes trade disputes under the Labour Relations Act, over which the ELRC retains original jurisdiction
The Notice is specific and single: it grants magistrates jurisdiction over employment disputes below the salary threshold but excludes trade disputes as defined under section 2 of the Labour Relations Act. Since the union reported the dispute to the Cabinet Secretary for conciliation and filed suit on behalf of a member, the dispute is a trade dispute, and jurisdiction therefore remains with the ELRC under Article 162(2)(a) of the Constitution.
Territorial jurisdiction - filing at Mombasa rather than Kwale
The ELRC at Mombasa has territorial jurisdiction because under Rule 6 of the ELRC (Procedure) Rules, 2024, a claimant may sue where he resides
The respondents relied on Sections 11 and 15 of the Civil Procedure Act, but employment and labour relations disputes are governed by a different procedural regime - the ELRC (Procedure) Rules, 2024. Under Rule 6, a claimant may sue where he resides, enabling a dismissed employee no longer at the workplace to file at his current place of residence. The Mombasa court is therefore properly seized of the claim.
Whether the dispute is a trade dispute
The dispute is a trade dispute: the grievant was a union member and the dispute was reported to the Minister for conciliation before suit
The claimant admitted the grievant was its member and that before filing suit the dispute had been reported to the Minister for conciliation. A trade dispute under section 2 of the Labour Relations Act includes disputes between employers and trade unions concerning any employment matter, including dismissal. Such disputes fall outside the magistrates' jurisdiction conferred by Legal Notice No. 6024 of 2018.
Legal principles established
#- Legal Notice No. 6024 of 2018 confers jurisdiction on Magistrates' Courts only over employment disputes excluding trade disputes under the Labour Relations Act; the ELRC retains original jurisdiction over all employment and labour relations disputes including trade disputes
- Under Rule 6 of the Employment and Labour Relations Court (Procedure) Rules, 2024, a claimant may file a claim where he resides, unlike under the Civil Procedure Act regime
Court orders
#- 1.The respondents' Notice of Preliminary Objection dated 21 April 2025 is dismissed
- 2.Hearing directions to be given in the matter, subject to the respondents meeting the claimant's costs of Ksh. 20,000 to be paid within 14 days
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Kombanira & another (Cause E023 of 2025) [2025] KEELRC 1849 (KLR)", Case Analysis (2025). Cause not stated on the judgment (ruling on Notice of Preliminary Objection dated 21 April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1849/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.