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ELRCStruck OutNot stated in the judgment extract

Ehenzo v Cosmos Limited (Cause E339 of 2023) [2024] KEELRC 666 (KLR)

Employment and Labour Relations Court
15 March 2024
503 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Claimant filed a claim on 27th April 2023 alleging unfair dismissal by the Respondent on 15th July 2022 through an unfair and unlawful redundancy exercise, seeking compensation and damages. He stated his gross monthly salary was Kshs 64,692 (basic Kshs 55,769 plus house allowance Kshs 8,923). The Respondent raised a preliminary objection invoking Gazette Notice Number 6024 of 10th June 2018, which confines the Employment and Labour Relations Court to claims where the employee earned a gross monthly salary of Kshs 80,000 and above at termination, with lower-value claims belonging to designated Chief Magistrate's Courts. The Respondent sought striking out of the Claim with costs. The Claimant filed Grounds of Opposition dated 11th October 2023, invoking Section 12 of the E&LRC Act and Articles 48 and 162(2)(a) of the Constitution, contending the Court had jurisdiction. The parties agreed to have the objection determined on written submissions. The Court found the Claimant filed his claim in error, ignorance or disregard of the Gazette Notice, and that his constitutional arguments failed because Articles 48 and 162 do not deal with pecuniary jurisdiction. The Court held the Gazette Notice clearly sets the pecuniary limits in employment disputes. On 15th March 2024 the Court struck out the Claim for want of jurisdiction and made no order on costs, observing the Claimant should have moved his Claim to the proper forum rather than risk limitation.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Employment and Labour Relations Court has pecuniary jurisdiction over a claim by an employee earning a gross monthly salary of Kshs 64,692, below the Kshs 80,000 threshold set by Gazette Notice 6024 of 2018
  2. 2.Whether the preliminary objection that the Claim be struck out for want of jurisdiction should succeed

Key legal issues

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01

Pecuniary jurisdiction of the E&LRC under Gazette Notice 6024 of 2018

Holding

The Court lacks jurisdiction over the Claimant's claim because his gross monthly salary of Kshs 64,692 was below the Kshs 80,000 threshold, and such claims lie before designated Chief Magistrate's Courts.

Reasoning

The Respondent's preliminary objection was grounded on Gazette Notice 6024 of 10th June 2018, confining the Court to claims where the employee earned a gross monthly salary of Kshs 80,000 and above at termination. The Claimant's admitted gross salary was Kshs 64,692. His invocation of Articles 48 and 162(2)(a) and Section 12 of the E&LRC Act did not assist, as those provisions do not deal with pecuniary jurisdiction. The objection therefore succeeded and the Claim was struck out.

p. 2
02

Constitutional provisions invoked to establish jurisdiction

Holding

Articles 48 and 162(2)(a) of the Constitution do not confer pecuniary jurisdiction on the Court.

Reasoning

The Claimant argued that the constitutional mandate of the Court gave it jurisdiction notwithstanding the Gazette Notice. The Court held that neither Article 48 nor Article 162 addresses pecuniary jurisdiction of the courts, and dismissed the Grounds of Opposition as unpersuasive. The Claimant ought instead to have conceded his error and moved his Claim to the proper forum.

p. 2

Legal principles established

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  • Gazette Notice 6024 of 2018 sets the pecuniary jurisdiction of the Employment and Labour Relations Court at a gross monthly salary of Kshs 80,000 and above; claims below that threshold belong to designated Chief Magistrate's Courts.

Court orders

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  1. 1.The Claim is struck out for want of jurisdiction.
  2. 2.No order on the costs.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Gazette Notice Number 6024 of 10th June 2018 (pecuniary jurisdiction of the E&LRC); Claimant invoked Section 12 of the E&LRC Act and Articles 48 and 162(2)(a) of the Constitution

Relief refused

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Claimant's compensation and damages for unfair and unlawful redundancy

The Claim was struck out because the Claimant's gross monthly salary fell below the Kshs 80,000 pecuniary jurisdictional threshold set by Gazette Notice 6024 of 2018

p. 1

Respondent's prayer for costs

The court declined to award costs to the Respondent notwithstanding the striking out

p. 2

Costs

No order on the costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Claim is struck out for want of jurisdiction.
p. 1disposition - striking out for want of pecuniary jurisdiction
No order on the costs.
p. 2costs
Gazette Notice 6024 of 2018 clearly sets the pecuniary jurisdiction of the Courts, in employment disputes.
p. 2pecuniary jurisdiction under Gazette Notice 6024 of 2018
The pecuniary delimitation, is not an issue, like the material and personal jurisdiction of the Courts, which should exercise the Parties’ legal minds and consume Judicial time.
p. 2pecuniary versus material and personal jurisdiction

Issues in the judgment

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minor

The judgment extract does not state the case number, party names, or neutral citation; the coram identifies only the Judge.

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, "Ehenzo v Cosmos Limited (Cause E339 of 2023) [2024] KEELRC 666 (KLR)", Case Analysis (2024). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/666/eng@2024-03-15

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