Esther Nyaguthii Wanjau v Governor Laikipia County & another [2018] KEELRC 691 (KLR)
The bottom line
#A Kenyan High Court moved an employment dispute to the correct specialist court, confirming that jurisdiction questions must be decided first.
What this practically means
#Executive summary
#Key legal issues
#Whether jurisdiction should be determined at the threshold
Yes; jurisdiction is a threshold issue and must be decided forthwith on the material before the court
The court relied on the Owners and Masters of the Motor Vessel 'Joey' decision, where the Court of Appeal held that a question of jurisdiction must be raised and decided at the earliest opportunity, using such evidence as may be placed before it, and that a court without jurisdiction must down tools immediately.
Whether the Petition should be transferred to the Employment & Labour Relations Court, Nairobi
Yes; the transfer was ordered so the Petitioner could pursue her remedy under Article 50 before the appropriate forum
The court noted the Petitioner had been the subject of an adverse ruling on jurisdiction in Petition No. 3 of 2018 and that she was entitled to have her case heard by a judge who had not made up his mind on jurisdiction. The court accepted the Petitioner's position and ordered transfer to Nairobi for mention and directions before the Principal Judge.
Legal principles established
#- Jurisdiction is a threshold issue that must be decided forthwith once raised
- The Employment & Labour Relations Court has jurisdiction to enforce labour rights under Article 41 and fundamental rights ancillary and incidental to employment and labour relations
Court orders
#- 1.The Petition is transferred to Nairobi for mention and directions before the Principal Judge of the Employment & Labour Relations Court
- 2.The costs of the motion to abide the outcome of Petition 55 of 2018 at Nairobi
- Jurisdiction invoked
- Constitution of Kenya, 2010 (Articles 27, 50, 162); Civil Procedure Act (section 15) invoked on transfer
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Esther Nyaguthii Wanjau v Governor Laikipia County & another [2018] KEELRC 691 (KLR)", Case Analysis (2018). Petition No. 55 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/691/eng@2018-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.