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ELRCPartially AllowedCause No. 431 of 2017 (with a consolidated companion suit)· [2018] KEELRC 1834 (KLR)

Waweru Kagwe Githae & others v Lloita Hills Springs Limited & 2 others [2018] KEELRC 1834 (KLR)

Employment and Labour Relations Court
14 May 2018
NMNzioki wa Makau
547 words in judgment
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The bottom line

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Kenya's Employment Court can hear any employment case anywhere in the country, and it will only move a case if that is genuinely more convenient for the parties.

What this practically means

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Executive summary

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The Respondents raised a preliminary objection in ELRC Cause No. 431 of 2017 (Nyeri) arguing that the 3rd Respondent was wrongly enjoined, that the claim was frivolous and fatally defective, and that the Court lacked territorial jurisdiction since the cause of action arose in Narok and the Respondents were based in Nairobi; they sought transfer to Narok or Nairobi. The Claimant opposed via a replying affidavit and skeleton submissions, contending that the ELRC has national, unlimited jurisdiction in employment matters, that the Civil Procedure Act and Rules on place of suing do not govern this Court, and that the objection failed the Mukisa Biscuits test of a pure point of law. He preferred Nyeri as convenient for him as a resident of Nyandarua. The Court, Nzioki wa Makau J, held that the ELRC is a specialised court established under Article 162(2) with the status of the High Court; the Civil Procedure Rules do not apply to it, and although it has stations and sub-registries at Nyeri, Nakuru, Mombasa, Kisumu and Kericho and circuit courts elsewhere, its territorial jurisdiction is countrywide. The Court therefore had jurisdiction to hear the claim. Exercising its inherent power to transfer cases, and considering the proximity of Nyandarua and Narok to Nakuru rather than Nyeri, the Court ordered the two suits transferred to the ELRC at Nakuru for disposal. The objection otherwise failed; the claim was not struck out and no costs order was made.

Key legal issues

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01

Territorial jurisdiction of the ELRC

Holding

The ELRC's jurisdiction is national and countrywide; there is no rule requiring filing where the cause of action arose

Reasoning

The Court held that the ELRC is a specialised court under Article 162(2) with the status of the High Court, and that the Civil Procedure Act and Rules on place of suing do not govern it. The Court has presence in several counties and circuit courts, but its territorial jurisdiction remains countrywide. Transfer between stations is a matter of the Court's inherent power exercised for convenience.

p. 2
02

Exercise of inherent power to transfer suits

Holding

Although jurisdiction exists, convenience of the parties justifies transfer

Reasoning

The Court recognised transfer of cases as an inherent power of the ELRC. Considering the proximity of the Claimant's home county of Nyandarua and Narok (where the transactions occurred) to Nakuru rather than Nyeri, the Court balanced its jurisdiction against convenience and directed transfer of both suits to Nakuru ELRC.

p. 2

Legal principles established

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  • The territorial jurisdiction of the Employment and Labour Relations Court is countrywide notwithstanding the existence of station-based registries
  • The Employment and Labour Relations Court is a specialised court established under Article 162(2) with the status of the High Court; the Civil Procedure Rules do not apply to it

Court orders

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  1. 1.The Court found it possesses jurisdiction to hear the claim, the territorial jurisdiction of the ELRC being countrywide
  2. 2.Transfer of the two suits to the Employment and Labour Relations Court at Nakuru for disposal

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)
  • Civil Procedure ActNot specified
  • Civil Procedure RulesNot specified

Cases cited (2)

  • Mukisa Biscuits case
  • Peter Ocholla Omburo v Inter-Diocesan Properties Ltd
    ELRC Kericho Cause No. 2011 of 2015 (unreported)
Jurisdiction invoked
Article 162(2) of the Constitution establishing the Employment and Labour Relations Court as a specialised court with the status of the High Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Waweru Kagwe Githae & others v Lloita Hills Springs Limited & 2 others [2018] KEELRC 1834 (KLR)", Case Analysis (2018). Cause No. 431 of 2017 (with a consolidated companion suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1834/eng@2018-05-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.