Kenya Plantation and Agricultural Workers Union v Kakuzi Limited [2014] KEELRC 954 (KLR)
The bottom line
#Kenya's Industrial Court confirmed it can hear employment disputes anywhere in the country, so suing in Nakuru instead of Nairobi was not improper forum shopping.
What this practically means
#Executive summary
#Key legal issues
#Competence of the notice of motion
The application was properly filed within the pending suit and the preliminary objection failed.
The court considered that the motion was filed in a suit already pending for the claimant, so there was nothing irregular in filing the notice of motion as done; it was therefore properly before the court notwithstanding the respondent's objection under rules 4 and 5.
Territorial jurisdiction and forum shopping
The Industrial Court has nation-wide territorial jurisdiction; filing at Nakuru was not forum shopping.
Despite where the court may sit, it applies the same substantive and procedural law and constitutes one forum and platform for resolving disputes within its jurisdiction. The place of filing could not therefore constitute forum shopping, and the applicant's allegations were misconceived.
Effect of the Chief Justice's practice directions of 27.2.2009
The directions referred to the High Court's supervisory jurisdiction and are only a guide for appeals; they do not strictly govern where the Industrial Court hears matters.
The court held the practice note published under Legal Notice No. 1756 obviously referred to the High Court's supervisory jurisdiction over subordinate courts in the stated areas and serves as a guide where appeals are preferred to this court. Strict application is challenged because the Industrial Court does not sit in as many stations as the High Court, so place of hearing is decided case by case.
Place of hearing
Mention before the Principal Judge for directions on the place of hearing.
Guided by section 3 of the Industrial Court Act (just, expeditious and proportionate resolution) and section 29(1) (access to judicial services in all counties), and weighing the parties' places of business, prior disputes heard at Nairobi, and the stretched Nairobi court diary, the court found no hard grounds for either venue and referred the question to the Principal Judge.
Legal principles established
#- The Industrial Court of Kenya is vested with nation-wide territorial jurisdiction and, wherever it sits, constitutes one forum for resolving disputes within its jurisdiction.
- The Industrial Court will determine the place of hearing of proceedings falling within its jurisdiction on a case-by-case basis.
Court orders
#- 1.The suit shall be mentioned before the Honourable Principal Judge at Nairobi on a date convenient to the parties for his considered directions on the place of hearing and determination of the suit
- 2.The costs of the application shall be in the cause
- 3.The parties are invited to agree and record the convenient mention date before the court at Nairobi
- Jurisdiction invoked
- Article 50(1) of the Constitution; Section 12(3)(vii) of the Industrial Court Act; Rules 16(1) & (2) of the Industrial Court Rules 2010; section 15 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation and Agricultural Workers Union v Kakuzi Limited [2014] KEELRC 954 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/954/eng@2014-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.