(Transfer of suit to the Magistrates’ Court)
1. The Claimant union filed the statement of claim dated 1st May 2024 and received in court on 3rd May 2024 against the Respondent seeking compensation based on an alleged unfair termination of their member.
2. The Respondent entered appearance vide law firm of Ouma- Okutta & Associates advocates and filed a response to the claim on the 10th of June 2024. Further, the Respondent filed a Notice of Motion dated 19th July 2024 seeking an order of transfer of the suit from the Court to the Chief Magistrates‘ Court at Busia and that costs be provided for.
3. The application was premised on the grounds that the respondent’s business where the Claimant alleges employment of its member was at Busia town and that both parties are situate at Busia County. That the cause relates to a claim of salary of Kshs,. 40000 of which the Chief Magistrate ‘s court at Busia has jurisdiction.
4. There was no response to the application. When the Industrial Relations Officer, Mr. Shiraku, attended the hearing he informed the Court that they were not opposed to the application.
5. The Court having perused the statement of claim finds that in paragraph 5 it was pleaded that the Claimant’s member was employed orally on 1st June 2021 earning a salary of Kshs. 11,000/- without any other allowances.
6. Section 29(3) of the Employment and Labour Relations Court Act, (Cap 234 B] empowers the Chief Justice, through Gazette Notice, to appoint specific magistrates to preside over employment matters. By dint of the said section, the Chief Justice issued Gazette Notice No. 6024 dated 10th June 2018, in which the Chief Justice appointed magistrates of the rank of Senior Resident magistrates and above, to hear employment matters within their respective areas of jurisdiction limited to pecuniary jurisdiction not exceeding Kshs. 80,000 gross monthly salary of the employee.
7. The Claimant’s monthly salary of Kshs. 11,000 is way less than Kshs. 80,000/-. The Court holds that the claim falls under the jurisdiction of the Chief Magistrates’ Court at Busia county where the alleged contract occurred and the residence of the parties. This suit is held to have been erroneously filed in this Court.
8. The Notice of Motion dated 19th July 2024 is allowed. The Court hereby issues an Order of Transfer of this Suit for hearing and determination at the Chief Magistrates‘ Court at Busia. Costs of the application to the Applicant in the cause.
9. It is so Ordered.
DATED, SIGNED, AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 24TH JULY 2024