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ELRCOtherNot stated in judgment (Cause)· [2025] KEELRC 6 (KLR)

Njenga v Light for the World Kenya (Cause E459 of 2024) [2025] KEELRC 6 (KLR)

Employment and Labour Relations Court
16 January 2025
RSRadido Stephen
443 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan employee claiming unfair termination settled for roughly Kshs 909,000 after the employer challenged the court's jurisdiction to hear the case.

What this practically means

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Executive summary

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The Claimant, Godfrey Mburu Njenga, sued Light for the World Kenya alleging violation of his right to fair labour practices under Article 41 of the Constitution and unfair termination of employment. Upon service, the Respondent filed a Notice of Preliminary Objection on 9 July 2024 arguing that, pursuant to Gazette Notice No. 6024 of 22 June 2018, magistrates of the rank of Senior Resident Magistrate have jurisdiction to hear employment disputes where an employee's gross monthly pay does not exceed Kshs 80,000/-, and that the Claimant's stated gross monthly salary of Kshs 65,374/- placed the claim within the jurisdiction of the Magistrates Court at Nairobi in the first instance. The parties filed and exchanged submissions on the objection, and on 4 November 2024 the Court gave directions encouraging settlement. On 3 December 2024 the parties filed a consent providing for full and final judgment for the Claimant in the sum of Kshs 908,985.67 less statutory deductions per an attached schedule, an obligation on the Respondent to sign forms and provide records to process the Claimant's pension fund contributions, each party bearing its own costs, and the suit being marked settled. On 16 January 2025 Judge Radido Stephen, delivering the ruling virtually from Nairobi, adopted the consent as the judgment of the Court and marked the Cause as settled. The preliminary objection was accordingly not determined on its merits.

Key legal issues

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01

Preliminary objection on magistrates' court jurisdiction under Gazette Notice No. 6024 of 22 June 2018

Holding

The objection was not determined on the merits; the parties filed a consent adopting settlement terms, which the Court entered as judgment.

Reasoning

The Respondent filed a preliminary objection contending that the Claimant's gross monthly salary of Kshs 65,374/- placed the claim within the jurisdiction of designated Special Magistrates. After directions and settlement encouragement, the parties filed a consent on 3 December 2024 providing for judgment in a fixed sum, pension processing assistance, each party bearing own costs, and marking the suit settled. The Court adopted the consent as its judgment rather than ruling on the objection.

p. 2

Legal principles established

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    Court orders

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    1. 1.Full and final judgment entered for the Claimant against the Respondent in the sum of Kshs 908,985.67 less statutory deductions in terms of the schedule marked 'Annexure A'
    2. 2.The Respondent to, as and when required, sign the necessary forms and provide all necessary records and information for processing the Claimant's pension fund contributions
    3. 3.Each party to bear its own costs
    4. 4.The suit marked as settled
    Jurisdiction invoked
    Employment and Labour Relations Court jurisdiction under Article 41 of the Constitution (as invoked in the claim)

    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, "Njenga v Light for the World Kenya (Cause E459 of 2024) [2025] KEELRC 6 (KLR)", Case Analysis (2025). Not stated in judgment (Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/6/eng@2025-01-16

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