Ngatia v National Syndemic Diseases Control Council (Cause E905 of 2024) [2025] KEELRC 2286 (KLR) (31 July 2025) (Ruling)

Facts

The Claimant, Augustine M Ngatia, was an employee of the Respondent, National Syndemic Diseases Control Council, until December 31, 2018, when he retired. He claims unfair treatment, including underpayment of salary, denial of trade union rights, and failure to issue a certificate of service.

Issues

1. Whether the Employment and Labour Relations Court (ELRC) has jurisdiction to hear the case
2. Whether the Claimant's choice of forum was justified

Reasoning

The court's jurisdiction is determined by the Employment and Labour Relations Court Act, which grants unlimited original and appellate jurisdiction over employment and labour relations cases. The Chief Justice's directions to the Magistrate's Court to handle disputes where an employee's salary does not exceed Ksh. 80,000 are intended to decongest the ELRC and enhance access to justice. The Claimant's choice of forum was therefore improper.

Outcome

The case is referred to the Magistrate's Court for hearing and determination.

Authorities cited