Evans Nyaribo & another v Peter Onsarigo Kerongosi & 3 others [2016] KEELRC 274 (KLR)
The bottom line
#A Kenyan court allowed workers' case to move to the employment court after they fixed missing paperwork that had earlier killed their transfer application.
What this practically means
#Executive summary
#Key legal issues
#Review of the court's earlier order of 28 July 2016
The order was reviewed because the defect that led to dismissal (non-annexature of pleadings) had been cured.
The application for transfer had been dismissed solely because the applicants failed to annex copies of the pleadings in the subordinate court, which the court needed to assess its jurisdiction. The pleadings were subsequently annexed and revealed an employment dispute. With that deficiency cured, the court exercised its discretion to review and set aside the dismissal order.
Jurisdiction over the dispute
The dispute is an employment matter within the exclusive jurisdiction of the ELRC.
On perusal of the annexed pleadings, the court determined that the cause of action relates to employment. Such disputes are now exclusively reserved to the Employment and Labour Relations Court, warranting transfer from the chief magistrate's court to the ELRC.
Authority of Anthony Maina Njoroge to swear a supporting affidavit
Raised by the respondent but not expressly determined in the ruling as recorded.
The respondent opposed the motion on grounds of res judicata and lack of authority of one applicant to swear the supporting affidavit. The judgment does not record any express determination on these objections; the court instead proceeded on the cured jurisdictional basis and allowed the transfer.
Legal principles established
#- Employment disputes are exclusively within the jurisdiction of the Employment and Labour Relations Court.
Court orders
#- 1.Review of the orders of 28 July 2016 dismissing the transfer application
- 2.Transfer of Nakuru CMCC No. 528 of 2009, Evans Oguku Nyaribo & 6 Ors v Pyrethrum Regulatory Authority, to the Employment and Labour Relations Court for hearing and determination
- 3.Costs in the Cause
- Jurisdiction invoked
- Inherent review power of the ELRC over its own orders; transfer jurisdiction over employment disputes exclusively reserved to the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Evans Nyaribo & another v Peter Onsarigo Kerongosi & 3 others [2016] KEELRC 274 (KLR)", Case Analysis (2016). Motion dated 25 October 2016 (review of orders of 28 July 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/274/eng@2016-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.