AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedPetition and application dated 20th March 2017, filed 29th March 2017· [2018] KEELRC 2131 (KLR)
Kenya National Farmers Federation (Suing through its Registered Officials Namely Hon. Nduati Kariuki (Chairman) Prof Kaburu M’Ribu (Secretary) and Grace Ngambi (Treasurer) suing on its own behalf and in the interest of the 23 Petitioners listed herein v Humanist Institute for Co-operation with Developing Countries (HIVOS) & another [2018] KEELRC 2131 (KLR)
Employment and Labour Relations Court
6 April 2018
782 words in judgment
AI-assisted case brief
·~3 min to read original · ~4 min briefThe bottom line
#Kenya's Employment Court dismissed an attempt to throw out a workers' benefits claim, ruling that disputes about who actually employed them must be resolved at trial, not upfront.
What this practically means
#Executive summary
#The 1st Respondent filed a notice of preliminary objection and a subsequent application by certificate dated 17th May 2017 seeking the striking out or dismissal of the Petitioners' petition and application dated 20th March 2017, on the ground that the dispute did not fall within Section 12 of the Employment and Labour Relations Court Act or Article 162(2)(a) of the Constitution, since the 1st Respondent was not and had never been an employer of the Petitioners and no employer-employee relationship existed. The Petitioners responded through a Replying Affidavit of George Nyamu sworn on 19th May 2017. The court applied the classic test in Mukhisa Biscuits Manufacturing Co Ltd v West End Distributors, that a preliminary objection must be a pure point of law argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised where facts are to be ascertained. The court held that the objection could not be determined without resolving a factual dispute as to which of the two Respondents was the employer liable for the Petitioners' terminal benefits, and that the lengthy affidavit material showed the objection was dilatory. The preliminary objection and the application dated 17th May 2017 were dismissed, with directions that the parties take directions before the Principal Judge in Nairobi for expeditious disposal of the petition. The judgment was signed in Kisumu on 21st March 2018 by Mathews N. Nduma, Judge, and delivered in Nairobi on 6th April 2018 by Maureen Onyango, Judge.
Key legal issues
#01
Whether the 1st Respondent's preliminary objection and jurisdictional application could be determined without trial
Holding
The objection and application were dismissed as they were not pure points of law
Reasoning
The court applied the classic definition of a preliminary objection in Mukhisa Biscuits, which requires a pure point of law argued on the assumption that all facts pleaded by the other side are correct. Here, determining jurisdiction depended on resolving a factual dispute as to which Respondent employed the Petitioners and is liable for their terminal benefits. The court found the lengthy affidavit material demonstrated the issues were factual, rendering the objection dilatory.
p. 3
Legal principles established
#- A preliminary objection raising a jurisdictional challenge that depends on ascertaining facts (such as the existence of an employer-employee relationship) is not a pure point of law and cannot succeed
Court orders
#- 1.The Preliminary Objection filed on 13th April 2017 is dismissed
- 2.The application dated 17th May 2017 by the 1st Respondent is dismissed
- 3.The parties are to take directions before the Principal Judge in Nairobi for expeditious disposal of the petition
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya and Section 12 of the Employment and Labour Relations Court Act (Chapter 234B of the Laws of Kenya)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Farmers Federation (Suing through its Registered Officials Namely Hon. Nduati Kariuki (Chairman) Prof Kaburu M’Ribu (Secretary) and Grace Ngambi (Treasurer) suing on its own behalf and in the interest of the 23 Petitioners listed herein v Humanist Institute for Co-operation with Developing Countries (HIVOS) & another [2018] KEELRC 2131 (KLR)", Case Analysis (2018). Petition and application dated 20th March 2017, filed 29th March 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2131/eng@2018-04-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.