John Lenzi v Smep Deposit Taking Microfinance Ltd [2017] KEELRC 2006 (KLR)
The bottom line
#Kenya's Employment Court ruled an employer could not force an Eldoret case to Nairobi because employees must be able to seek justice where they worked.
What this practically means
#Executive summary
#Key legal issues
#Geographical/territorial jurisdiction of the Employment and Labour Relations Court
The ELRC and its 2016 Procedure Rules impose no express geographical limitation on the Court's jurisdiction, but transfer decisions should be guided by access to justice.
The Court noted neither its establishing statute nor the 2016 Procedure Rules limit geographical jurisdiction, unlike sections 11 to 15 of the Civil Procedure Act. It held that where an objection to geographical jurisdiction is raised, cost implications, subject matter, residence of parties and place of accrual of action are material, but access to justice is the paramount constitutional consideration.
Whether transfer to Nairobi should be granted on the facts
The application was dismissed because the contract was substantially performed in Eldoret and proportionality and access to justice favoured the Claimant.
The employer, as the generally more capable and powerful party, could bear the inconvenience of litigating in Eldoret. It was not disputed that the contract alleged to have been breached was substantially performed in Eldoret, where the Claimant is based, so justice required the Cause to remain there.
Legal principles established
#- Although the ELRC's geographical jurisdiction is not expressly limited, territorial considerations must have at their core the constitutional imperative of access to justice, which is the paramount consideration.
- Relevant factors in transfer applications include cost implications, subject matter, residential considerations of the parties and the place of accrual of action.
Court orders
#- 1.The motion dated 31 October 2017 seeking transfer of the suit to Nairobi be dismissed with no order as to costs
- Jurisdiction invoked
- Establishing statute of the Employment and Labour Relations Court; Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Lenzi v Smep Deposit Taking Microfinance Ltd [2017] KEELRC 2006 (KLR)", Case Analysis (2017). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/2006/eng@2017-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.