The Judicial Service Commission has lost a case challenging the jurisdiction of the Labour Relations court to determine qualifications for hiring magistrates.
Justice Nduma Nderi said the court has jurisdiction to determine the case filed by Sheria Mtaani Na Shadrack Wambui.
He ruled that there was no doubt that magistrates unlike judges and independent commissioners are employees in public service and the court has jurisdiction to hear and determine disputes arising from their recruitment, appointment, discipline and removal.
“Accordingly, the preliminary objection by the respondent lacks merit and is hereby dismissed with costs,” he ruled.
The lobby group filed the suit seeking to suspend the JSC’s decision to hire resident magistrates using qualifications listed by JSC.
In an advertisement dated January 27 and through its website, JSC prescribed a three-year post-admission experience as a prerequisite qualification for consideration or appointment as a resident magistrate.
The JSC challenged the jurisdiction of the court to hear and determine the dispute on the grounds it was not an employment and labour issue as contemplated by Article 162 (2) (a) of the Constitution.
JSC submitted that the appointment of magistrates is governed by Judicial Services Act no 1 of 2011.
Sheria Mtaani Na Shadrack Wambui opposed the application, saying that magistrates are employees of the Judiciary and the JSC, which recruits, appoints, disciplines and removes them is their tacit employer.
Lawyer Shadrack Wambui argued that the recruitment of prospective employees is an employment and labour matter that falls squarely within the jurisdiction of the court.
