Juma & 4 others (on their Behalf and on Behalf of 285 Others Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Constitutional Petition E148 of 2023) [2024] KEELRC 2800 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the exclusion of police service employees from the Employment Act ousts the ELRC's jurisdiction over a constitutional petition
It does not. The petition is grounded on the Constitution, and labour rights are part of the Bill of Rights which this court may interpret and enforce.
The court noted that the claim is a constitutional petition anchored on constitutional provisions rather than the Employment Act. Relying on the USIU decision, it held that labour rights are human rights protected under Article 41 and fall within the province of the Industrial Court (ELRC). The exclusion in section 3(2) of the Employment Act does not remove the court's constitutional jurisdiction.
Whether the alleged non-compliance with Rules 23(2) and 23(3) of the ELRC Procedure Rules, 2024 could ground a preliminary objection
It could not, because determining whether authority letters or a schedule of claimants were filed requires an inquiry into facts and evidence, which is outside the purview of a preliminary objection.
Following the Mukisha Biscuits position on the nature of preliminary objections, the court held that a preliminary objection must raise a pure point of law on assumed facts. Whether pleadings and affidavits were actually filed is a factual question requiring analysis, and therefore the second and third grounds of the objection were misconceived and were dismissed.
Legal principles established
#- Labour rights are human rights and fall within the interpretive jurisdiction of the Employment and Labour Relations Court notwithstanding that the Employment Act may not apply to a category of employees, where the claim is grounded on the Constitution.
- A preliminary objection must raise a pure point of law and cannot involve analysis of facts or evidence.
Court orders
#- 1.The preliminary objection dated 8th October 2024 is found to have no merit and is dismissed
- 2.Costs to the petitioner
- 3.Judgment/ruling delivered virtually in Nairobi on 14th November 2024
- Jurisdiction invoked
- Article 41 of the Constitution of Kenya 2010; Article 22 and 258 (enforcement of Bill of Rights); jurisdiction of the Employment and Labour Relations Court under section 12 of the Industrial Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Juma & 4 others (on their Behalf and on Behalf of 285 Others Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Constitutional Petition E148 of 2023) [2024] KEELRC 2800 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2800/eng@2024-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.