'1. For the Court’s attention is a Motion dated 4 July 2025 by M-Gas Ltd (the Respondent) seeking orders:
(i) That the Honourable Court be pleased to transfer this suit to the Employment Division of the Chief Magistrate’s Court at Milimani, Nairobi.
(ii) That the costs of the application herein be in the cause.
2. The grounds supporting the Motion were that the Claimant was earning a monthly salary of Kshs 28,300/- and therefore by virtue of Gazette Notice No. 6024 of 18 June 2018, the Chief Magistrates Court had jurisdiction.
3. Mary Nyambura Kinyanjui (the Claimant) filed a replying affidavit on 21 July 2025 opposing the application. In the affidavit, the Claimant deponed that she was alleging the violation of her rights to equality and freedom from discrimination, dignity, freedom from inhuman and degrading treatment, privacy, and economic and social rights; Magistrates Courts had no jurisdiction over actions alleging and seeking compensation for violation of such rights by dint of section 8 of the Magistrates Court Act.
4. The Respondent filed its submissions on 8 September 2025, and the Claimant on 9 September 2025.
5. The Court has considered the application, affidavits and submissions.
6. Section 8 of the Magistrates Court Act restricts the jurisdiction of the Magistrates Court in actions alleging violation of fundamental rights.
7. The Claimant has pleaded that the Respondent violated some of her fundamental rights and has gone ahead to seek appropriate relief beyond the customary remedies for unfair termination of employment and breach of contract.
8. In the circumstances, and not to prejudice a fair hearing of the Issues in dispute, the Court finds that the Cause should not be sent to the Magistrates Court for hearing and determination.
Orders
9. The orders sought in the Motion dated 4 July 2025 are declined with costs in the cause.
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(i) That the Honourable Court be pleased to transfer this suit to the Employment Division of the Chief Magistrate’s Court at Milimani, Nairobi.
(ii) That the costs of the application herein be in the cause.
2. The grounds supporting the Motion were that the Claimant was earning a monthly salary of Kshs 28,300/- and therefore by virtue of Gazette Notice No. 6024 of 18 June 2018, the Chief Magistrates Court had jurisdiction.
3. Mary Nyambura Kinyanjui (the Claimant) filed a replying affidavit on 21 July 2025 opposing the application. In the affidavit, the Claimant deponed that she was alleging the violation of her rights to equality and freedom from discrimination, dignity, freedom from inhuman and degrading treatment, privacy, and economic and social rights; Magistrates Courts had no jurisdiction over actions alleging and seeking compensation for violation of such rights by dint of section 8 of the Magistrates Court Act.
4. The Respondent filed its submissions on 8 September 2025, and the Claimant on 9 September 2025.
5. The Court has considered the application, affidavits and submissions.
6. Section 8 of the Magistrates Court Act restricts the jurisdiction of the Magistrates Court in actions alleging violation of fundamental rights.
7. The Claimant has pleaded that the Respondent violated some of her fundamental rights and has gone ahead to seek appropriate relief beyond the customary remedies for unfair termination of employment and breach of contract.
8. In the circumstances, and not to prejudice a fair hearing of the Issues in dispute, the Court finds that the Cause should not be sent to the Magistrates Court for hearing and determination.
Orders
9. The orders sought in the Motion dated 4 July 2025 are declined with costs in the cause.
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