Kenya Union of Domestic Workers, Educational Institutions Hospitals and Allied Workers (KUDHEIHA) v Mudanya (Appeal E269 of 2024) [2025] KEELRC 2348 (KLR)

The court analysed Gazette Notice No. 6024 which designated magistrates to hear employment contract disputes where gross monthly pay does not exceed KShs 80,000 and specified offences, excluding trade disputes under the Labour Relations Act. The dispute was a member's claim against his union for negligent failure to represent, which is not a trade dispute and does not fall within the designated categories. Such a claim belongs to the ELRC exercising original jurisdiction under Article 162(2).

Relying on Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd, the court reaffirmed that jurisdiction is everything and a court must down tools the moment it holds it lacks jurisdiction. The magistrate having held she lacked jurisdiction on all fronts could not, out of mistaken sympathy, award unpleaded general damages. The award was a nullity.

The claimant was employed by Sarova Stanley Hotel, not the union. Claims for unfair termination and terminal dues are claims against an employer under section 45 of the Employment Act. Suing the union in place of the employer after the 2016 claim failed was misconceived, particularly as the claimant had already filed ELRC Cause No. 2080 of 2016 against the employer and did not disclose its outcome.

The appellant argued the claim was purely tortious and statutorily time-barred under section 4(1) of the Limitation of Actions Act, while the respondent argued a continuing breach by the union extended limitation. Because the court found the claim was outside the magistrate's jurisdiction altogether, the claim was dismissed for want of jurisdiction rather than on limitation grounds, and the cross-appeal on that finding fell away.