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…He stated that article 27 of the Constitution read together with section8 of the Magistrate Courts Act were clear on this.…

…Section 8 of the Magistrate Court’s Act provides: “Subject to Article 165(3)(b) of the Constitution and the pecuniary limitations set out in section 7(1), a magistrate's court shall have jurisdiction to hear and determine…

…R U L I N G 1 By the Notice of Motion application dated 15th January 2025, the Applicant seeks that this Court transfer Mombasa CMCELR cause No. 346 of 2021 from the Magistrates’ court to itself for hearing and final disposal…

…Furthermore, her claim raises an issue of discrimination, which falls outside the jurisdiction of the Magistrates' Court to determine.…

…To support the submission, the Claimant cited section 8(3) of the Magistrates Court Act, which ousts the jurisdiction of the Magistrates Court from handling claims asserting violation of fundamental rights. 6.…

…The Claimant falls in that category, and all the reliefs he has prayed for fall within the delegated province of the Senior Resident Magistrates Court.…

…’s Court ELR Cause No.…

…E724 of 2023 be transferred to the Chief Magistrate’s Court at Nairobi for hearing and determination. c) that costs of the application be provided. 2.…

…Alternatively, the file can be transferred to the Mombasa Chief Magistrate’s Court for its determination on merit.…

…or the Magistrates’ Courts shall proceed until conclusion before the said courts.…

…provides as follows:- “(1) Where a written law provides for an appeal to the Court, an appellant shall file a memorandum of appeal with the Court within the time specified under that written law. (2) Where an appeal is from a Magistrate…

…’s Court or where no period of appeal is specified in the written law referred in sub-rule (1), the appeal shall be filed within thirty days from the date the decision is delivered.” 8.…

…(Transfer of suit to the Magistrates’ Court) 1.…

…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 Applicant was the respondent in the suit before the Magistrates court and the former employer of the respondent herein.…

…The Trial Magistrate Court entered judgment in favour of the respondent against the Applicant for the total sum of Kshs. 1,514,170/- delivered on the 20th September 2024.…

…Gazette Notice No 6024 of 22 June 2018 provides: GAZETTE NOTICE NO. 6024 THE EMPLOYMENT AND LABOUR RELATIONS COURT ACT (No. 20 of 2011) APPOINTMENT OF MAGISTRATES’ COURTS TO HEAR MATTERS RELATING TO EMPLOYMENT AND LABOUR…

…It is not in doubt that the Gazette Notice delegated certain jurisdictions of this Court to the Magistrates of the rank Senior Resident Magistrate and above. 7.…

…On that basis, the Senior Resident Magistrates Court has the requisite delegated pecuniary jurisdiction. 10.…

…The Court must keenly examine the pleadings to ensure that the same are not drafted to avoid moving the Magistrates Court.…

…or the Magistrates Court shall proceed to conclusion before the said courts. 4.…

…The directions required that the matters be heard and determined by the Magistrates court or the Employment and Labour Relations Court where the suit was filed. 17.…

…Having considered the Trial Magistrate Court held that it was not disputed that the contract and the place of business of the respondent was Syokimau in Machakos County.…

…The Trial Magistrate Court held that section 15 of the Civil Procedure Act was applicable allowing the Preliminary Objection.…

…In an amended statement of claim dated 29th October, 2020, the Respondent impleaded the Appellant at the Chief Magistrates’ Court seeking awards on account of underpayment, overtime, leave allowance, off days/rest days, holidays…

…The Appellant prays that this appeal be allowed and the judgment of the Magistrates Court be set aside and the Respondent’s case dismissed. 5.…

…The objections raised by the appellant related to the jurisdiction of the trial court and the application of the following provisions; Article 162(2) of the Constitution; Section 7 and 9(b) of the Magistrates Court Act; Section…

…Based on the original jurisdiction of the court, the provisions of Section 29 of the Employment and Labour Relations Court Act read together with Gazette Notice No.6024 and Sections 7 and 9 of the Magistrates Court Act, the…

…The Claimant filed Grounds of Opposition primarily asserting that he was seeking the enforcement of his fundamental rights and freedom, which dispute a Magistrates Court did not have jurisdiction over. 5.…

…By dint of Gazette Notice No 6024 of 2018, employment disputes where the Claimant was earning below Kshs 80,000/- per month have been delegated to the Senior Magistrates’ Court.…

…It is the Appellant’s submission that under Gazette notice no.6024 of 2018, the Magistrate Courts have jurisdiction to handle disputes arising from contracts of employment where an employee earns less than Kshs.80,000/-.…

…The Respondent further submits that from Gazette Notice No. 6024/18, the Chief Justice empowered Magistrates' Courts to hear matters relating to Employment and Labour Relations, and which jurisdiction is limited to disputes…

…I thus conclude by ordering that the suit herein be and is hereby transferred for hearing and determination before the Magistrates court. 15. Parties shall bear their own costs. 16. It is so ordered.…

…Under Section 9 of the Magistrates Court Act, the trial court was clothed with the requisite jurisdiction to hear the claimant.…

…The appeal is expressed to be against the trial Court’s decree dated 16/11/2023 in Mombasa Chief Magistrate’s Court Employment Case No. E344 of 2022.…

…’s Court in MC ELR Case N. 344 of 2022 (Rachel Mkawughanga Mwashuma -VS- Romauas Ltd) pending the hearing and final determination of this application and the applications before this Court dated 27th December 2023 and 30th…