Moiki v Ragos Trading Company Ltd (Cause E478 of 2023) [2024] KEELRC 2649 (KLR)
The bottom line
#Employees earning under Kshs 80,000 monthly must file employment claims in Magistrates' Courts first, and naming constitutional rights won't change that.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court has jurisdiction over an employment dispute where the claimant earns below Kshs 80,000/- per month, which disputes have been delegated to the Senior Magistrates' Courts under Gazette Notice No. 6024 of 2018
- 2.Whether the pleaded violation of constitutional rights converts the statutory/contractual employment claim into a constitutional dispute within the exclusive jurisdiction of this Court
Key legal issues
#Jurisdiction of the ELRC over employment disputes within the delegated monetary jurisdiction of the Magistrates' Courts
The Court lacks jurisdiction; the dispute must be heard by the Magistrates' Court designated under Gazette Notice No. 6024 of 2018
By Gazette Notice No. 6024 of 2018 the Chief Justice delegated employment disputes where monthly pay does not exceed Kshs 80,000/- to the Magistrates' Courts. The Claimant earned Kshs 27,585/- per month, so his employment dispute falls within the delegated jurisdiction and the ELRC cannot entertain the suit at first instance.
Whether pleading constitutional rights converts a statutory employment claim into a constitutional dispute
No; the alleged violations were in substance breaches of statutory and contractual rights remediable without invoking the Constitution
The Court examined the Memorandum of Claim and found the pleaded constitutional violations were allegations of breaches of statutory and contractual rights such as dismissal without reasons, failure to grant leave, unpaid overtime and terminal dues. These can be remedied under statutory law without application or interpretation of the Constitution, so constitutional jurisdiction cannot be invoked by merely naming rights in pleadings.
Legal principles established
#- A mere enumeration of constitutional rights in pleadings does not convert a statutory claim into a constitutional dispute.
Court orders
#- 1.The Notice of Preliminary Objection is upheld
- 2.The Cause is transferred to the Chief Magistrates Milimani Commercial Courts, Nairobi for hearing and determination
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Gazette Notice No. 6024 of 22/6/2018 by the Chief Justice designating special Magistrates' Courts for employment disputes where monthly pay does not exceed Kshs 80,000/-
Relief refused
#Continuation of the unfair termination and breach of contract claim before the ELRC
The claim falls within the delegated jurisdiction of the Magistrates' Courts as the claimant earned Kshs 27,585/- per month, and pleaded constitutional violations were in essence statutory/contractual breaches
Costs
Costs in the cause.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
a mere enumeration of constitutional rights in the body of pleadings and an assertion that they have ben violated cannot convert a statutory claim into a constitutional dispute.
The Notice of Preliminary Objection is upheld with an order that the Cause herein be transferred to the Chief Magistrates Milimani Commercial Courts, Nairobi for hearing and determination.
Issues in the judgment
#The judgment does not state the ELRC Cause number of this matter; caseNumber must be drawn from elsewhere
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moiki v Ragos Trading Company Ltd (Cause E478 of 2023) [2024] KEELRC 2649 (KLR)", Case Analysis (2024). Cause (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2649/eng@2024-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.