Imtiaz Khan v Five Forty Aviation Limited & 2 others [2015] KEELRC 1621 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can hear termination disputes even where an employer claims the relationship was commercial, but struck out claims against a company with no employment link to the worker.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over the termination dispute
The court has jurisdiction as the claim relates to employment and termination
The court traced its jurisdiction to Article 162(2) of the Constitution and Section 12 of the Industrial Court Act, which confer exclusive jurisdiction over employment and labour relations disputes. Because the claimant's claim is that she was unlawfully terminated by the 1st Respondent, her employer, the dispute falls squarely within the court's jurisdiction notwithstanding the respondents' objection that the later contract was commercial.
Joinder of the 2nd Respondent
The 2nd Respondent is wrongly enjoined; claim against it struck out
The court examined the statement of claim and found no employment contract or other relationship between the claimant and the 2nd Respondent, and no discernible manner in which the 2nd Respondent affects the claimant's rights. Allegations of asset transfer to the 2nd Respondent were unsupported by evidence. The claim against the 2nd Respondent was therefore struck out with costs.
Security for the claim / restraint on winding up
Orders refused for lack of evidential support
The claimant sought security of Kshs.12,323,027 and restraint against winding up on the ground that the 1st Respondent had transferred assets to the 2nd Respondent. The only evidence came from counsel's affidavit without supporting annexures, while the respondents averred ability to meet any judgment. The application was found without merit and dismissed.
Legal principles established
#- Jurisdiction is foundational; a court must establish jurisdiction before addressing any other issue
- Termination disputes, whether for commercial reasons or otherwise, fall within the Industrial Court's jurisdiction
Court orders
#- 1.Claim against the 2nd Respondent struck out with costs to the 2nd Respondent
- 2.Claimant's applications (including the application for security of Kshs.12,323,027) dismissed
- 3.Priority hearing to be considered by the Deputy Registrar according to the court's calendar
- 4.Costs in the cause
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Imtiaz Khan v Five Forty Aviation Limited & 2 others [2015] KEELRC 1621 (KLR)", Case Analysis (2015). Cause No 189 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1621/eng@2015-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.