[2022] KEELRC 13153 (KLR)
The court found that, pursuant to the Gazette Notice issued by the Chief Justice, magistrates of the rank of Senior Resident Magistrate and above have jurisdiction to hear employment disputes where the employee's gross monthly salary is less than Kshs 80,000. Since the claimant's salary was Kshs 30,000, the...
Source-derived case information.
- Citation
- [2022] KEELRC 13153 (KLR)
- Parties
- Applicant: David Juma Nanjira; Respondent: Masai (K) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 094 of 2022
- Procedural Posture
- Cause / Ruling on Application to Transfer Suit
- Outcome
- Application to transfer suit granted.
- Judges
- AN Mwaure
- Legal Topics
- Jurisdiction of Magistrates, Transfer of Suit, Salary Thresholds, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Juma Nanjira
Applicant
Masai (K) Limited
Respondent
Procedural Posture
Cause / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear the claim where the claimant's gross monthly salary is less than Kshs 80,000.
- 2 Whether the suit should be transferred to the Chief Magistrate's Court Milimani for hearing and disposal.
Ratio Decidendi
The court found that, pursuant to the Gazette Notice issued by the Chief Justice, magistrates of the rank of Senior Resident Magistrate and above have jurisdiction to hear employment disputes where the employee's gross monthly salary is less than Kshs 80,000. Since the claimant's salary was Kshs 30,000, the Employment and Labour Relations Court determined that it was prudent and proper to transfer the suit to the Chief Magistrate's Court at Milimani, Nairobi, for hearing and disposal. The court thus ordered the transfer accordingly.
Court Disposition
Application to transfer suit granted.
Orders
- The suit is transferred to the Chief Magistrate's Court at Milimani, Nairobi, for hearing and disposal.
Full Case Text
Judgment text and source record
19 paragraphs
Nanjira v Masai (K) Limited (Cause 094 of 2022) [2022] KEELRC 13153 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEELRC 13153 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 094 of 2022
AN Mwaure, J
November 3, 2022
Between
David Juma Nanjira
Applicant
and
Masai (K) Limited
Respondent
Ruling
1. The Claimant has made an application dated October 28, 2022 to transfer the claim to the Chief Magistrate’s Court Milimani for hearing and disposal.
Determination 2. Under gazette notice Vol CXX No 74 of 6024 issued on June 22, 2018 the Chief Justice appointed Magistrates of ranks of Senior Resident Magistrates and above to hear and determine employment disputes whose employees gross monthly salary is less than Kshs, 80,000/-.
3. The claimant salary was Kshs 30,000/-.
4. The Court is advised this is prudent to transfer this suit to the Chief Magistrate Court at Milimani Nairobi. The same is so ordered accordingly.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 3RD NOVEMBER, 2022. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court had been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.ANNA NGIBUINI MWAUREJUDGE