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ELRCDismissedMemorandum of Claim dated 30th September 2023 (ELRC)· [2025] KEELRC 3018 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions And Hospital Workers (KUDHEIHA) v Board of Management, Ng’ethu Secondary School (Cause E796 of 2023) [2025] KEELRC 3018 (KLR)

Employment and Labour Relations Court
30 October 2025
1,205 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that union-filed dismissal cases stay before it, even where the employee earns far below Ksh. 80,000 monthly.

What this practically means

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Executive summary

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A trade union instituted proceedings before the Employment and Labour Relations Court on behalf of its member, the Grievant, whose employment as a secretary earning Ksh. 3,000.00 monthly was allegedly unlawfully terminated. The Respondent filed a preliminary objection contending that, pursuant to section 29(3) and (4)(b) of the Employment and Labour Relations Court Act and Gazette Notice No. 6024 of 22nd June 2018, disputes involving employees earning less than Ksh. 80,000.00 per month fall within the Magistrate's Court's jurisdiction, leaving the ELRC bereft of jurisdiction. The court analysed its jurisdiction under article 162(2) of the Constitution and sections 4, 12 and 16 of the ELRC Act, which grant it exclusive jurisdiction over all employment and labour matters. Relying on its prior decisions, it held that the Gazette Notice did not extinguish the court's jurisdiction over low-value claims, though such matters are ordinarily referred to the Magistrate's Court to infuse uniformity. Critically, the Gazette Notice expressly excludes trade disputes arising under the Labour Relations Act from the Magistrate's Court. Section 2 of the Labour Relations Act defines a trade dispute as any dispute between employers and employees or their unions concerning any employment matter, including dismissal, irrespective of monetary value. The claim, concerning the legality of the Grievant's dismissal and brought by her union, was held to be such a trade dispute. The preliminary objection was found to lack merit and was dismissed, with costs of the objection in the cause.

Key legal issues

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01

Jurisdiction of the ELRC over low-value employment claims

Holding

The Gazette Notice No. 6024 of 22nd June 2018 did not remove the ELRC's jurisdiction over claims below Ksh. 80,000.00; however, the court will refer such matters to the Magistrate's Court where one is available, unless excluded.

Reasoning

The court's jurisdiction is founded on article 162(2) of the Constitution and conferred by sections 4, 12 and 16 of the ELRC Act, which grant exclusive original, appellate and review jurisdiction over all employment and labour matters. The Gazette Notice only authorised magistrates to handle low-value disputes; it did not extinguish the court's jurisdiction. Prior decisions of the court have consistently held so. Nevertheless, the court will refer low-value matters to the Magistrate's Court to infuse uniformity, except where the Gazette Notice expressly excludes them.

p. 2
02

Whether the claim is a trade dispute excluded from the Magistrate's Court

Holding

The claim, being a dismissal dispute raised by a union on behalf of its member, is a trade dispute under section 2 of the Labour Relations Act and is expressly excluded from the Magistrate's Court by the Gazette Notice; only the ELRC may entertain it.

Reasoning

Section 2 of the Labour Relations Act defines a trade dispute as any dispute between employers and employees or their unions concerning any employment matter, including dismissal, suspension or redundancy, irrespective of monetary value. Gazette Notice No. 6024 expressly excludes trade disputes arising under the Labour Relations Act from the Magistrate's Court. The instant claim concerns the legality of termination of the Grievant's employment and is therefore a trade dispute within the ELRC's exclusive jurisdiction.

p. 3

Legal principles established

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  • The Gazette Notice conferring employment jurisdiction on magistrates did not extinguish the ELRC's jurisdiction over such matters, but the court will decline to entertain them where a Magistrate's Court is available to handle them.
  • Disputes between employers and employees or their unions arising under the Labour Relations Act concerning any employment matter, including dismissal, constitute trade disputes excluded from the Magistrate's Court regardless of monetary value.

Court orders

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  1. 1.The preliminary objection challenging the court's jurisdiction is dismissed
  2. 2.Costs of the objection shall be in the cause
Jurisdiction invoked
Article 162(2) of the Constitution; Employment and Labour Relations Court Act, sections 4, 12, 16 and 29

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 Union of Domestic, Hotels, Educational Institutions And Hospital Workers (KUDHEIHA) v Board of Management, Ng’ethu Secondary School (Cause E796 of 2023) [2025] KEELRC 3018 (KLR)", Case Analysis (2025). Memorandum of Claim dated 30th September 2023 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3018/eng@2025-10-30

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