[2025] KEELRC 1001 (KLR)
The court found that the Claimants' contracts were terminated on different dates and for different reasons, making a joint suit incompetent. Furthermore, pursuant to Gazette Notice No. 6024 of 2018, the Employment and Labour Relations Court lacked jurisdiction over claims where the monthly pay is less than Kshs...
Source-derived case information.
- Citation
- [2025] KEELRC 1001 (KLR)
- Parties
- Applicant: David Kagwi Njuguna; Applicant: Muthoka Mulee; Applicant: Alex Wambua; Respondent: Vintz Plastics Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E624 of 2023
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Memorandum of Claim struck out for want of jurisdiction and improper joinder.
- Judges
- S Radido
- Legal Topics
- Unfair Termination, Jurisdiction of Court, Right to Fair Labour Practices, Right to Fair Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kagwi Njuguna
Applicant
Muthoka Mulee
Applicant
Alex Wambua
Applicant
Vintz Plastics Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the joint suit by the Claimants was competent given the distinct dates and reasons for termination.
- 2 Whether the Employment and Labour Relations Court had jurisdiction to hear claims where the monthly pay is less than Kshs 80,000.
- 3 Whether the Claimants' rights to fair labour practices and fair hearing were violated.
Ratio Decidendi
The court found that the Claimants' contracts were terminated on different dates and for different reasons, making a joint suit incompetent. Furthermore, pursuant to Gazette Notice No. 6024 of 2018, the Employment and Labour Relations Court lacked jurisdiction over claims where the monthly pay is less than Kshs 80,000, as such matters are delegated to the Senior Resident Magistrates Court. The court therefore struck out the Memorandum of Claim for want of jurisdiction and improper joinder, with liberty for the Claimants to approach the appropriate court if not barred by limitation.
Court Disposition
Memorandum of Claim struck out for want of jurisdiction and improper joinder.
Orders
- The Memorandum of Claim is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
36 paragraphs
Njuguna & 2 others v Vintz Plastics Ltd (Cause E624 of 2023) [2025] KEELRC 1001 (KLR) (27 March 2025) (Judgment)
Neutral citation: [2025] KEELRC 1001 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E624 of 2023
S Radido, J
March 27, 2025
Between
David Kagwi Njuguna
1st Claimant
Muthoka Mulee
2nd Claimant
Alex Wambua
3rd Claimant
and
Vintz Plastics Ltd
Respondent
Judgment
1. David Kagwi Njuguna, Muthoka Mulee and Alex Wambua (the Claimants) sued Vintz Plastics Ltd (the Respondent) on 4 August 2023, and they stated the Issues in Dispute as:Wrongful, unfair and unlawful termination from employment of the Claimants’ services and failure by the Respondent to pay terminal benefits to the Claimant ori.Unfair termination of employment under the Employment Act.ii.Violation of the right to fair administrative action.iii.Violation of the right to fair labour practices.iv.Violation of the right to a fair hearing.
2. Despite the service of Notice of Summons on 15 September 2023, the Response was only filed on 10 November 2023.
3. On 29 October 2024, the Court admitted the Response which had been filed out of time.
4. On 20 January 2025, the Court fixed the hearing for 11 February 2025.
5. An affidavit of service filed in Court attested that the Respondent acknowledged a hearing notice.
6. When the Cause was called out for hearing on 11 February 2025, the Respondent and its advocate were not present. The Court being satisfied that a hearing notice had been served allowed the hearing to proceed.
7. The 3 Claimants testified and they filed joint submissions on (should have been filed and served before 28 February 2025).
8. The Respondent filed its submissions on 10 March 2025.
9. The Court has considered the pleadings, evidence and submissions.
Competency of the Cause/actions 10. The Claimants testified that the Respondent terminated their contracts on 21 April 2023, 8 March 2022 and 30 September 2022 respectively, and that they were earning Kshs 14,000/- per month.
11. Each of the Claimants’ contracts was terminated, if at all, at distinct dates and for reasons specific to each Claimant.
12. It was therefore incompetent for the Claimants to sue jointly. Each Claimant should have instituted a Cause personal to them.
Jurisdiction 13. The Court also observes that under Gazette Notice No. 6024 of 2018, the jurisdiction to handle disputes where the monthly pay is less than Kshs 80,000/- was delegated to the Senior Resident Magistrates Court.
14. The Claimants, therefore, originated their claims in the wrong forum.
15. This Court, in the circumstances declines jurisdiction and strikes out the Memorandum of Claim lodged in this Court on 8 September 2023.
Orders 16. The Memorandum of Claim is struck out with no order on costs since the Respondent did not attend the hearing.
17. The Claimants are at liberty to approach the right Court if limitation law allows.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIVASHA ON THIS 27THDAY OF MARCH 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Claimant Henry M & Associates AdvocatesFor Respondent Nkunja Kaari & Co. AdvocatesCourt Assistant Wangu