Kenga Equatorial Hotels t/a Mombasa Continental Resort v Chege (Appeal E087 of 2024) [2025] KEELRC 162 (KLR) (30 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 162
- Citation
- [2025] KEELRC 162 (KLR)
- Decided
- 30 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling on preliminary objectionsCoramM MBARŨ
Holding
The trial court lacked jurisdiction to hear the claim, and the objections are hereby allowed. The ruling is set aside, and the claim is dismissed.
Facts
The respondent claimed unfair termination and terminal dues, while the appellant denied the claims and objected to the trial court's jurisdiction.
Issues
- Jurisdiction of the trial court
- Application of Article 162(2) of the Constitution
- Application of Section 29(4) of the Employment and Labour Relations Court Act
- Application of Section 7 and 9(b) of the Magistrates Court Act
- Application of Gazette Notice No.6024 of 2018
Reasoning
The court held that the trial court lacked the requisite jurisdiction to hear the employment dispute due to the respondent's gross monthly pay exceeding the threshold set by the Employment and Labour Relations Court Act.
Outcome
Appeal allowed, ruling set aside, claim dismissed
Orders
- Ruling set aside
- Claim dismissed
Remedies
- Costs to the appellant
Authorities cited
Legislation (4)
- Article 162(2) of the Constitution
- Section 29(4) of the Employment and Labour Relations Court Act
- Section 7 and 9(b) of the Magistrates Court Act
- Gazette Notice No.6024 of 2018
Cases cited (3)
- Adega & 2 others v Kibos Distillers Limited & 5 others [2020] KESC 36 (KLR)
- Federation of Kenya Employers v National Health Insurance Fund Management Board & 4 others; Association of Kenya Insurers & another (Interested Parties) [2022] KEELRC 4068 (KLR)
- Samuel Kamau Macharia v Kenya Commercial Bank & 2 others [2012] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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