Naomi Nzilani Mwololo v Prudential Group Limited & 2 others [2018] KEELRC 673 (KLR)
The bottom line
#A Kenyan court struck out an employee's rights petition, ruling unfair dismissal claims must go through the Employment Act, not the Constitution.
What this practically means
#Executive summary
#Key legal issues
#Whether a constitutional petition may be used to pursue employment disputes governed by the Employment Act, 2007
No - unfair termination and discrimination in employment are governed by the Employment Act, 2007, with appropriate remedies thereunder, and resort to the constitutional route in such cases is an abuse of process
The court noted this was not the first challenge to petitioning on unfair termination claims. It held that the causes of action advanced were circumscribed by the Employment Act, 2007, which both governs unfair termination and discrimination and provides appropriate remedies. Relying on the Privy Council in Harrikissoon, the court found that using fundamental rights redress as a substitute for normal statutory procedures diminishes its value, and since the claim was not time-barred, the statutory route remained open.
Legal principles established
#- Where causes of action are circumscribed by statute, invoking constitutional jurisdiction to obtain remedies available under that statute is an abuse of court process
Court orders
#- 1.The preliminary objection is upheld
- 2.The Petition is struck out with costs
- Jurisdiction invoked
- Articles 22(1), (2)(b) and 162(2)(a) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Naomi Nzilani Mwololo v Prudential Group Limited & 2 others [2018] KEELRC 673 (KLR)", Case Analysis (2018). Petition No. 106 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/673/eng@2018-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.