- Magistrate's Court's jurisdiction on employment matters is limited to cases that arise from contracts of service with a maximum gross monthly salary of Sh80,000.
- Realising this, he requested for enlargement of time to file his action at the Employment and Labour Relations Court but it was out of time.
Image: FILE
Kevin Nyambu Mwashigadi moved to court after his employer, Seven Seas Technologies Limited, terminated his contract of service on November 30, 2018.
He filed a suit at the Chief Magistrate's court alleging that the termination was unfair, as it came after his employer irregularly declared his position redundant.
He prayed that the court, among others, give declaratory orders that the termination was unlawful.
His exit salary was Sh150,000, but the Magistrate's Court's jurisdiction on employment matters is limited to cases that arise from contracts of service with a maximum gross monthly salary of Sh80,000.
Realising this, he moved to the Employment and Labour Relations Court (ELRC).
Appearing before Judge Bernard Manani, Mwashigadi stated that he had stayed the cause before the Magistrate's Court in order to move the ELRC for appropriate direction on handling the dispute.
He prayed for an enlargement of time to file a fresh claim in a court with the requisite monetary jurisdiction.
Observing this, Judge Manani noted Mwashigadi had erred despite the clear provisions of law regarding which court has pecuniary jurisdiction to entertain an employment claim with his salary.
Mwashigadi did not indicate why he opted for the action.
The judge noted that the law was clear that a matter that has been filed in a court that is without jurisdiction cannot be transferred to a court that is seized of jurisdiction over it.
"The rationale for this position is that such a matter is a non-suit. Therefore, there is nothing in law to transfer," a judgement on September 29, reads.
"Therefore, the action is a non-suit for want of jurisdiction... the Applicant cannot apply to transfer the case to this court."
Faced with this challenge, the judge noted, that Mwashigadi had moved ELRC to enlarge the time within which he could file a fresh case.
Section 90 of the Employment Act states that no suit based on a contract of service may be instituted outside three years of the cause of action arising.
This is unless it is a continuing injury claim.
Even then, such a claim for continuing injury must be instituted within twelve months of cessation of the injury.
The judge observed that while the provision sets out a limitation period, it does not grant the court the power to enlarge time for purposes of filing cases beyond the time that is prescribed.
"Therefore, the Applicant’s request for enlargement of time to file his action out of time is without legal foundation," the document reads.
This means that Mwashigadi's application to enlarge time lacked merit and was dismissed.