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ELRCOtherCause No. E507 of 2025

Rose Naliaka Mulunda v Searite Holdings Limited

Employment and Labour Relations Court
25 September 2026
1,336 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed it can hear low-salary employment claims, dismissing an employer's attempt to block a worker's case.

What this practically means

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Executive summary

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The Claimant, a security guard employed in February 2016 at a monthly salary rising from Kshs.5,500 to Kshs.9,500, sued the Respondent alleging she was assaulted at her work station on 29th December 2024, sustaining a fractured left distal ulna, that her requests for financial assistance for treatment were ignored, and that the Respondent orally terminated her employment for being unfit to work with a broken arm. She sought declarations of wrongful dismissal and constitutional violations (Articles 27, 28, 29(d) & (f), 41(2)(b) and 43), damages, terminal dues of Kshs.4,205,846.3, a certificate of service, costs and interest. The Respondent filed a Notice of Preliminary Objection contending that the ELRC lacked jurisdiction because Gazette Notice No. 6024 of 2018 requires employment claims by employees earning below Kshs.80,000/= to be filed in the Magistrates' Courts, that the claim offended constitutional avoidance, and that it was an abuse of process. The Court framed a sole issue: whether it is seized of jurisdiction. Relying on Article 162(2)(a) and the Paramount Bank case, it held the Gazette Notice delegated rather than ousted its jurisdiction, that filing in the ELRC does not render a matter incompetent, and that the Court retains inherent residual jurisdiction since access to justice cannot be taken away. The salary threshold was held not to bar the constitutional claims. The Preliminary Objection was dismissed with costs.

Questions the Court framed

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

  1. 1.Whether this Court is seized of Jurisdiction to entertain, to hear and to determine the suit herein

Key legal issues

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01

Whether the ELRC has jurisdiction over employment claims where the employee earns below Kshs.80,000/= per month

Holding

The Gazette Notice No. 6024 of 2018 delegated, not ousted, the Court's jurisdiction; a suit filed in the ELRC remains competent.

Reasoning

Article 162(2)(a) confers jurisdiction over employment disputes on the ELRC. Gazette Notice No. 6024 of 2018 merely delegated some of that jurisdiction to the Magistrates' Courts, possibly to ease workload. A matter filed in the ELRC instead of the Magistrates' Court does not become incompetent; the Court may transfer it where appropriate. Only suits by employees earning above Kshs.80,000/= filed in the Magistrates' Court would be an abuse of process.

p. 7
02

Whether raising constitutional issues in an employment dispute offends the doctrine of constitutional avoidance

Holding

The salary threshold is not a bar to the Claimant moving the Court on alleged constitutional violations, provided the issues fall within the Court's jurisdiction.

Reasoning

The Court held that the Claimant must prove breach and violation of her constitutional rights by evidence at trial, and the burden lies initially on her. The fact that she earned below Kshs.80,000/= does not bar her from approaching this Court on constitutional claims within its jurisdiction, with Rule 10(3) of the ELRC [Procedure] Rules 2024 called in aid.

p. 8

Legal principles established

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  • A Gazette Notice delegating employment claims below Kshs.80,000/= to the Magistrates' Courts does not oust the ELRC's jurisdiction; filing in the ELRC instead of the Magistrates' Court does not render a matter incompetent.
  • The ELRC retains inherent residual jurisdiction even where jurisdiction is ousted by statute, because the right of access to justice cannot be taken away.

Court orders

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  1. 1.The Respondent's Notice of Preliminary Objection dated 19th September, 2025 is dismissed with costs

The bench

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

Wrote the judgment

Jurisdiction invoked
Article 162(2)(a) of the Constitution of Kenya 2010

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.

A matter filed in this Court instead of the Magistrates’ Court does not become incompetent by virtue of that filing.
p. 7jurisdiction - effect of Gazette Notice No. 6024 of 2018
The right of access to justice can never be taken away.
p. 6access to justice - residual jurisdiction
Such suit will be dead on arrival; and its filing will be an abuse of the Court’s process.
p. 7claims above Kshs.80,000/= filed in the Magistrates' Court
I find no merit in the Respondent’s Preliminary Objection dated 19th September, 2025, and the same is hereby dismissed with costs.
p. 8disposition

Issues in the judgment

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material

Ruling is marked 'DRAFT' on every page.

minor

Delivery date year appears erroneous (2026).

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, "Rose Naliaka Mulunda v Searite Holdings Limited", Case Analysis (2026). Cause No. E507 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2681/eng@2026-09-25

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