Ojwang v Vectorcom Control and Supplies Limited (Appeal E017 of 2025) [2025] KEELRC 2206 (KLR)
The bottom line
#A Kenyan court threw out a worker's redundancy award because his case belonged in the Employment Court, but still paid him accrued leave.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the magistrates' court over a unionised employee's claim
The trial court lacked jurisdiction because the dispute was a trade dispute excluded from the magistrates' mandate by Gazette Notice No. 6024 of 2018.
The appellant was unionised under the Kenya Chemical Workers Union and his employment was regulated under the Labour Relations Act. Section 2 of that Act defines a trade dispute to include disputes regarding dismissal, suspension or redundancy. The Gazette Notice restricted magistrates to employment disputes excluding trade disputes, so the ELRC retains original jurisdiction. The lower court proceedings were therefore a nullity.
Whether the appellant was declared redundant or deserted employment
The court found the appellant was sent on compulsory unpaid leave under the tripartite MOU and his refusal to resume work on rotational terms frustrated his employment; there was no redundancy or unfair termination.
The MOU dated 20 April 2020 between the Minister, COTU and FKE applied to all affected parties including the appellant through his union membership. Unpaid leave under the MOU did not break employment service. The respondent gave notice on 15 August 2021 for rotational resumption; the appellant's refusal to attend work frustrated his employment. Hence claims for notice pay, severance and compensation fail.
Accrued leave and leave travelling allowance entitlements
The appellant is entitled to accrued leave pay of Ksh. 14,930.30 for 33 days capped per section 28 of the Employment Act, and leave travelling allowance of Ksh. 2,500 under clause 12 of the CBA.
Section 28 permits accumulation of leave for only 18 months unless evidence justifies more. Under the CBA clause 8 the appellant had 25 leave days yearly; 33 days were due on a basic wage of Ksh. 13,573, yielding Ksh. 14,930.30. The CBA clause 12 provided a leave travelling allowance of Ksh. 2,500, a benefit under the CBA.
Legal principles established
#- Legal Notice No. 6024 of 2018 conferred jurisdiction on magistrates' courts over employment disputes only, excluding trade disputes under the Labour Relations Act, over which the ELRC retains original jurisdiction.
- Once an employee joins a recognised trade union, a bilateral agreement exists between the union and the employer and the union represents the employee in matters of employment terms including termination and redundancy.
Court orders
#- 1.The trial court proceeded without jurisdiction and the judgment in Mombasa MCELRC No. 595 of 2022 is set aside
- 2.Judgment entered for the appellant for accrued leave pay Ksh. 14,930.30
- 3.Leave travelling allowance Ksh. 2,500
- 4.Each party bears its costs of the appeal and trial court proceedings
- On appeal from
- Magistrates' Court (Mombasa CMELRC)
- Mombasa CMELRC No. 595 of 2022
- Jurisdiction invoked
- Appeal from subordinate court under Employment and Labour Relations Court jurisdiction; jurisdictional objection founded on Gazette Notice No. 6024 of 2018 and section 2 of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojwang v Vectorcom Control and Supplies Limited (Appeal E017 of 2025) [2025] KEELRC 2206 (KLR)", Case Analysis (2025). Mombasa ELRC Appeal (judgment delivered 24 July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2206/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.