Despite the Employment and Labour Relations Court having been granted original jurisdiction on all employment and labour relations matters, that jurisdiction can by law be donated to the lower courts.
In exercise of the powers conferred by Section 29 (3) and (4) (b) of the Employment and Labour Relations Court Act, 2011, the Chief Justice appointed all Magistrates of the rank of Senior Resident Magistrates and above, vide a gazette notice, as Special Magistrates designated to hear and determine the following employment and labour relations cases within their respective areas of jurisdiction:
- Disputes arising from contracts of employment (excluding trade disputes under the Labour Relations Act, 2007) where employees gross monthly pay does not exceed Kshs. 80,000.00 as commenced and continued in accordance with the Employment and Labour Relations Court (Procedure) Rules, 2016.
- Matters relating to the following specific areas: –
- offences under the Work Injury Benefits Act, 2007
- offences under the Employment Act, 2007
- offences under the Labour Institutions Act, 2007
- offences under Occupational Safety and Health Act, 2007; and
- offences under the Labour Relations Act, 2007