Kenya Plantation & Agriculture Workers Union v Siret Tea Company Limited & 2 others [2016] KEELRC 1170 (KLR)
The bottom line
#A Kenyan employment court refused to move a case from Kericho to Nairobi, ruling that convenience and expense alone don't justify changing a suit's venue.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should transfer the suit from Kericho to Nairobi on grounds of convenience, expense and hardship in procuring witnesses
The application for transfer was dismissed; expense and convenience grounds were insufficient to displace the filing venue
The applicant relied on the inherent jurisdiction of the court, Article 50 fair hearing rights and Order 47 rule 6(2) of the Civil Procedure Rules to seek transfer to Nairobi where her head office and witnesses are based. The claimant countered that the court's jurisdiction is nationwide and the respondent's principal place of business dealings, including CBA negotiations, was at Nandi Hills. The court found the expense and convenience arguments not entirely convincing and declined to exercise its discretion to transfer.
Whether the court has jurisdiction over the suit notwithstanding the venue
Jurisdiction of the court over the subject matter was not in dispute; both parties accepted the court's nationwide jurisdiction
The claimant submitted that the court's jurisdiction under Article 162(2) of the Constitution and Section 12(d)(i) of the Industrial Court Act is nationwide. The applicant did not dispute the court's subject-matter jurisdiction but sought exercise of its power to transfer the venue. The court observed that jurisdiction was common ground and the real contest was over how the discretion should be expended.
Legal principles established
#- Jurisdiction of the Employment and Labour Relations Court over employment and labour disputes is nationwide and is not confined to the locality where a party's principal office sits
Court orders
#- 1.The application is dismissed
- 2.Each party bears their own costs of the application
- Jurisdiction invoked
- Article 162(2) of the Constitution of Kenya, 2010; Section 12(d)(i) of the Industrial Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agriculture Workers Union v Siret Tea Company Limited & 2 others [2016] KEELRC 1170 (KLR)", Case Analysis (2016). Notice of Motion dated 9th December, 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1170/eng@2016-05-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.