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ELRCDismissedNot stated in the judgment· [2025] KEELRC 2610 (KLR)

Kenya Engineering Workers Union v Bhachu Industries Limited (Cause E599 of 2024) [2025] KEELRC 2610 (KLR)

Employment and Labour Relations Court
29 September 2025
CBC. N. BAARI
724 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed it — not Magistrates' Courts — hears trade union disputes, no matter how little the affected employees earn.

What this practically means

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Executive summary

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The Respondent filed a preliminary objection dated 15th October 2024 seeking the striking out of the Claimant's suit on the ground that the court lacked pecuniary jurisdiction, invoking Gazette Notice No. 6024 of 22nd June 2018. The Respondent argued that the notice confers jurisdiction on the court only over claims where the employee earns a gross monthly salary of Kshs.80,000 and above, whereas the grievants, Patroba Moses Makacha and Jacob Omusula Anangwe, earned basic salaries of Kshs.28,388 and Kshs.25,847 respectively. The Claimant, a registered trade union with a recognition agreement with the Respondent, opposed the objection, contending that the Gazette Notice does not apply to matters brought by trade unions. The objection was canvassed by written submissions. The court framed a single issue: whether it had jurisdiction in light of the Gazette Notice. The court noted that the notice delegated employment disputes where gross monthly pay does not exceed Kshs.80,000 to Magistrates, but expressly excluded trade disputes under the Labour Relations Act, 2007. Relying on Law Society of Kenya v Malindi Law Society & 6 Others (2017) eKLR, the court held that disputes between trade unions and employers lie only in the ELRC. Since the Claimant sued in its capacity as a registered trade union on behalf of its members, the suit was a trade dispute over which the court had jurisdiction. The preliminary objection was dismissed with costs to the Claimant.

Key legal issues

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Whether the ELRC lacks pecuniary jurisdiction over a claim by a trade union on behalf of members earning below Kshs.80,000 gross monthly pay, per Gazette Notice No. 6024 of 2018

Holding

The court has jurisdiction; the Gazette Notice expressly excludes trade disputes under the Labour Relations Act, 2007 from the matters delegated to Magistrates, and a suit by a registered trade union with a recognition agreement on behalf of its members is a trade dispute.

Reasoning

Gazette Notice No. 6024 delegated employment and labour relations cases to Magistrates of the rank of Senior Resident Magistrate and above only where employees' gross monthly pay does not exceed Kshs.80,000, but expressly excluded trade disputes under the Labour Relations Act, 2007. The statutory definition of a trade dispute covers disputes between employers and trade unions concerning employment matters. A suit brought by a registered trade union on behalf of its members, with a recognition agreement with the Respondent, is such a trade dispute and falls within the ELRC's jurisdiction regardless of the grievants' salaries.

p. 2

Legal principles established

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  • Disputes between trade unions and employers can only be entertained by the Employment and Labour Relations Court and not the Magistrates Courts, and the Gazette Notice delegation to Magistrates excludes trade disputes under the Labour Relations Act, 2007.

Court orders

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  1. 1.The Respondent's preliminary objection dated 15th October, 2024 is dismissed with costs to the Claimant
  2. 2.It is so ordered

Authorities

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Legislation

  • Employment and Labour Relations Court Actsection 29 (3) and (4) (b)
  • Labour Relations Actdefinition of trade dispute
  • Employment and Labour Relations Court (Procedure) Rules2016 Rules
  • Gazette Notice No. 6024 of 22nd June 2018Delegation to Special Magistrates

Cases cited (1)

  • Law Society of Kenya vs. Malindi Law Society & 6 Others
    (2017) eKLR
Jurisdiction invoked
Original jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court Act, 2011; Gazette Notice No. 6024 of 22nd June 2018 considered

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, "Kenya Engineering Workers Union v Bhachu Industries Limited (Cause E599 of 2024) [2025] KEELRC 2610 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2610/eng@2025-09-29

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