Mary Mweu v Chairman B.O.G. Misyani Girls Secondary School & 2 others [2015] KEELRC 71 (KLR)
The bottom line
#Kenya's Employment Court refused to strike out a transferred employment suit, ruling that a technical flaw in how it was moved to court cannot block a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit, originally filed in the Chief Magistrate's Court before the Industrial Court's exclusive jurisdiction under the Employment Act and Labour Institutions Act 2007 came into force, was invalid at inception and could not be transferred to the Employment and Labour Relations Court
The preliminary objection was dismissed; the court exercised its discretion to allow the suit, holding the transfer order valid notwithstanding the technicality that the transfer application was made in the High Court rather than the Employment and Labour Relations Court
The suit was first filed in 2008, before the current Employment and Labour Relations Court was established, so it could not initially have been filed in a court that did not exist. Although the Claimant's transfer application was made in the High Court at Machakos when the Employment and Labour Relations Court was already established in July 2012 — which the court found not prudent — the transfer order was not incompetent on that technicality alone. The court invoked its duty to do justice irrespective of undue technicalities and admitted the suit, dismissing the objection.
Legal principles established
#- A transferred suit is not invalidated merely by a technicality in the procedural route of the transfer application, as the court's overriding duty is to do justice without undue regard to technicalities
Court orders
#- 1.The preliminary objection dated 10th November 2015 is dismissed as having no merit
- 2.The suit, having already been admitted, remains admitted and is to be set down for hearing
- 3.Costs in the course
- Jurisdiction invoked
- Exclusive jurisdiction of the Industrial Court under Section 87(1) and (2) of the Employment Act and Section 12(1) of the Labour Institutions Act 2007, considered in determining whether the transferred suit is properly before the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Mweu v Chairman B.O.G. Misyani Girls Secondary School & 2 others [2015] KEELRC 71 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/71/eng@2015-12-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.