Kinyanjui v M-Gas Limited (Cause E286 of 2025) [2025] KEELRC 3090 (KLR) (6 November 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3090
- Citation
- [2025] KEELRC 3090 (KLR)
- Decided
- 6 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to transfer to Magistrates Court deniedCoramRADIDO
Holding
The Court declines the Respondent's motion to transfer the case to the Magistrates Court and orders costs in the cause.
Facts
Claimant is earning Kshs 28,300 per month and alleges violation of her rights to equality, freedom from discrimination, dignity, freedom from inhuman and degrading treatment, privacy, and economic and social rights. Respondent claims Magistrates Court has jurisdiction.
Issues
- Jurisdiction of the Employment and Labour Relations Court vs. Magistrates Court
- Claimant's rights to fundamental rights and freedoms
Reasoning
Section 8 of the Magistrates Court Act restricts the jurisdiction of the Magistrates Court in actions alleging violation of fundamental rights. The Claimant's allegations go beyond customary remedies.
Outcome
Denied
Orders
- Declined the motion to transfer the case to the Magistrates Court
- Ordered costs in the cause
Authorities cited
Legislation (1)
- Magistrates Court Act
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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