National Bank of Kenya Limited v Leonard Gethoi Kamweti [2015] KEELRC 1484 (KLR)
The bottom line
#A Kenyan employment court ruled you cannot re-argue a striking-out application already decided by the High Court — the proper route was an appeal.
What this practically means
#Executive summary
#Key legal issues
#Res judicata regarding the preliminary objection
The objection is res judicata because the same striking-out issue was raised and determined by Hon. Lady Justice Ougo, who declined to strike out the suit and transferred it.
The striking-out issue had been raised and conclusively determined by Hon. Lady Justice Ougo in her ruling of 24.10.2014. Entertaining the same objection would amount to this Court sitting on appeal against a High Court decision, yet both courts enjoy the same status. The proper remedy was an appeal, which the Applicants did not pursue; accordingly the objection could not be entertained.
Validity of the High Court's transfer of the suit to the Industrial Court
The High Court properly transferred the matter; transfers between the High Court and courts of equal status are lawful per Mugendi v Kenyatta University, so the suit was not an annuity ab initio.
Relying on the Court of Appeal's decision in Prof Daniel N. Mugendi v Kenyatta University, the court held that the High Court, the Industrial Court and the Environment and Land Court share equal status and should effect transfers among themselves in the interest of justice, pending public familiarity with the correct forum. The transfer order was therefore valid and the suit could proceed.
Legal principles established
#- An issue already determined by a competent court of the same status cannot be re-litigated by way of a fresh preliminary objection; the remedy is appeal.
- The High Court, the Industrial Court (Employment and Labour Relations Court) and the Environment and Land Court, being of equal status, may transfer matters among themselves.
Court orders
#- 1.The Preliminary Objection dated 14/1/2015 is dismissed
- 2.Hearing to proceed on merit
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court following transfer from the High Court; Article 165(5)(b) of the Constitution as discussed in Mugendi v Kenyatta University
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Bank of Kenya Limited v Leonard Gethoi Kamweti [2015] KEELRC 1484 (KLR)", Case Analysis (2015). Nairobi HCCC No. 370/2013 (transferred to Industrial Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1484/eng@2015-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.