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ELRCPartially AllowedNot stated in the judgment

Aluko & 17 others (Suing on their own behalf and on behalf of other interested current and former frontline courier employees of G4S Kenya limited both casual and permanent) v G4S Kenya Limited; Kenya National Private Security Workers Union (Interested Party) (Cause E730 of 2025) [2025] KEELRC 2837 (KLR)

Employment and Labour Relations Court
23 October 2025
1,763 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court kept 18 courier employees' pay claims in Nairobi but split one worker's dismissal claim, confirming employers can't easily move cases to lower courts.

What this practically means

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Executive summary

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The Respondent, an employer in the courier industry, moved the Employment and Labour Relations Court by Notice of Motion dated 18th September 2025 seeking separate trials of the 18 Claimants' claims and transfer of the suit to the Magistrates Court, Employment and Labour Relations Division, on the ground that each Claimant had a distinct cause of action and that all earned under Kshs. 80,000 per month, placing them within the Magistrates Court's jurisdiction. The Claimants opposed, contending the suit was a connected class action involving systemic underpayment, misclassification of occupations, constructive dismissal and discrimination on grounds of age, pregnancy and trade union activity, raising constitutional issues beyond the Magistrates Court's competence. The court applied Rule 23 of the Employment and Labour Relations Court Procedure Rules, 2024, confirming the representative suit was properly instituted with signed letters of authority. On analysis of the pleadings, it found the 1st Claimant's constructive dismissal claim distinct and ordered it separated, while allowing the 2nd to 18th Claimants' claims, which share a similar claim of salary underpayment due to misclassification, to be tried together. On transfer, the court held that its original jurisdiction over employment disputes remained intact and that the pleaded constitutional issues of discrimination, unfair labour practices and inhuman treatment fell within its exclusive jurisdiction, and declined transfer. The court allowed the motion in part, ordered separation of the 1st Claimant's claim, granted 14 days for amendment of the statement of claim and 14 days for the Respondent to respond, retained the suits in the ELRC, and ordered costs in the cause.

Questions the Court framed

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

  1. 1.Whether the Claimants should be tried separately.
  2. 2.Whether the suit(s) should be transferred to the Magistrates Court, Employment and Labour Relations Division

Key legal issues

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01

Separate trial of jointly instituted claims

Holding

The 1st Claimant's claim (constructive dismissal while in management) was distinct and dissimilar from the rest; the 2nd to 18th Claimants share a similar claim of salary underpayment due to misclassification and may be tried together.

Reasoning

The court applied Rule 23 of the ELRC Procedure Rules, 2024, confirming both statutory elements were met for the representative suit: signed letters of authority from each Claimant and a similar cause of action. On the pleadings and witness statements, it analysed each Claimant's claim and concluded that only the 1st Claimant's constructive dismissal claim was dissimilar, warranting separation; the remaining 17 claims overlapped in evidence.

p. 5
02

Jurisdiction to transfer the suit to the Magistrates Court

Holding

Transfer to the Magistrates Court was declined. The ELRC's original jurisdiction over employment disputes remains intact, and the pleadings raise constitutional issues of discrimination, unfair labour practices and inhuman treatment within the court's exclusive competence.

Reasoning

The Respondent relied on a Gazette notice and the Claimants' salaries below Kshs. 80,000 to urge transfer. The court held the constitutional jurisdiction was engaged by the discrimination and unfair labour practice allegations, and that transfer would be premature until it was evident the constitutional claims were 'mere sugar coating'. The overriding objective under section 3 of the ELRC Act also favoured avoiding multiplicity of suits.

p. 5

Legal principles established

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  • A representative suit under Rule 23 of the Employment and Labour Relations Court Procedure Rules, 2024 requires a similar cause of action and a letter of authority signed by all parties represented.
  • The ELRC's original jurisdiction over employment disputes is intact notwithstanding a Gazette notice conferring jurisdiction on the Magistrates Court over lower-salary claims, particularly where constitutional issues are raised.

Court orders

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  1. 1.The claim for the 1st Claimant be separated from the claims for the 2nd to 18th Claimants.
  2. 2.The Claimants are given leave of 14 days to amend their statement of claim to effect the said separation of the respective claims.
  3. 3.The Respondent is awarded 14 days upon service of the Amended pleadings by the Claimants to file and serve Responses.
  4. 4.The suits will be heard and determined by this court.
  5. 5.Costs of the motion shall be in the cause.

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Employment and Labour Relations Court over employment disputes and constitutional issues arising in the employment relationship

Relief refused

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Transfer of the suit to the Magistrates Court, Employment and Labour Relations Division

The court retained jurisdiction; the Claimants raised constitutional issues of discrimination, unfair labour practices and inhuman treatment which only this court can determine.

p. 5

Separate trial of all 18 claims

Only the 1st Claimant's claim was found distinct; the claims of the 2nd to 18th Claimants share a similar cause of action (salary underpayment due to misclassification) and may be tried together.

p. 5

Costs

Costs of the motion shall be in the cause.

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.

I find that the claims by the 2nd to 18th Claimants can be tried together but separate from the claims for the 1st Claimant.
p. 5Separate trial
Sufice it to say that this court's original jurisdiction over employment dispute is still intact.
p. 5Jurisdiction
a. The claim for the 1st Claimant be separated from the claims for the 2nd to 18th Claimants.
p. 5Final orders - disposition
d. The suits will be heard and determined by this court.
p. 5Final orders - retention of jurisdiction
e. Costs of the motion shall be in the cause.
p. 5Final orders - costs

Issues in the judgment

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minor

Advocate for the Respondent is referred to as both 'Mr. Aluko Advocate' and 'Mr. Adiwo Advocate' in the submissions paragraphs, while the appearance section records 'Aluko for the Claimant' and 'Andiwo for the Respondent', creating ambiguity as to who represented which party.

minor

The judgment states the motion was supported by an affidavit sworn by the 'Human Resource Oficer courier division one Fedha Ithinji' but elsewhere describes the motion as the Respondent's; paragraph 1 introducing the judgment is empty, leaving the application's introduction incomplete.

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, "Aluko & 17 others (Suing on their own behalf and on behalf of other interested current and former frontline courier employees of G4S Kenya limited both casual and permanent) v G4S Kenya Limited; Kenya National Private Security Workers Union (Interested Party) (Cause E730 of 2025) [2025] KEELRC 2837 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2837/eng@2025-10-23

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