Opamba v Imprimatur Company Limited (Cause E349 of 2023) [2024] KEELRC 871 (KLR) (22 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 871
- Citation
- [2024] KEELRC 871 (KLR)
- Decided
- 22 April 2024
The Employment and Labour Relations Court has exclusive original and appellate jurisdiction to hear and determine disputes on employment and labour relations, as per Article 162(2) of the Constitution of Kenya, 2010 and the Employment and Labour Relations Court Act, 2011. The Respondent's Preliminary Objection is dismissed.
Facts
Claimant Brian Andrew Opamba filed a suit against Respondent Imprimatur Company Limited, alleging wrongful termination. The Respondent challenged the suit, arguing that the proper forum was the Chief Magistrates Court due to the Claimant's salary being Kshs.70,000/=. The Claimant's advocate confirmed the Respondent's Preliminary Objection was served but not responded by the ruling date.
Issues
- Claimant's suit's proper forum
- Employment and Labour Relations Court's jurisdiction
Reasoning
The court held that the Employment and Labour Relations Court has jurisdiction over the suit, as the Claimant's salary falls within the range designated by the Gazette Notice No. 6024 of 2018. The court directed the suit to be transferred to the Chief Magistrates Court.
Outcome
The Respondent's Preliminary Objection is dismissed.
Orders
- Suit transferred to the Chief Magistrates Court for hearing and determination
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act, 2011
- Constitution of Kenya, 2010
Cases cited (3)
- Owners of Motor Vessel “Lillian S” V Caltex Oil (Kenya) Ltd (1989)
- Samuel Kamau Macharia & another v Kenya Commercial Bank & 2 others (2012)
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd (1969)
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