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ELRCDismissedNotice of Motion dated 30/10/2017 (arising from PMCC No. 355 of 2015, Kajiado)· [2018] KEELRC 2198 (KLR)

Christine Namukwi Muhangani v P. J. Dave Flowers Limited [2018] KEELRC 2198 (KLR)

Employment and Labour Relations Court
13 March 2018
871 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court refused to halt a Kajiado judgment against a flower farm, ruling you must seek such orders from the court already handling your appeal.

What this practically means

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Executive summary

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The Defendant/Applicant, P.J. Dave Flowers Limited, moved the Employment and Labour Relations Court by Notice of Motion dated 30th October 2017, brought under Section 12 of the Industrial Court Act, Order 42 Rule 6(2) of the Civil Procedure Rules and Sections 3 and 3A of the Civil Procedure Act. It sought stay of execution of the judgment in PMCC No. 355 of 2015 (Kajiado) delivered on 11th October 2016, both pending the application and pending Civil Appeal No. 18 of 2016; transfer of the suit to the ELRC; leave to appeal out of time; and setting aside of orders dismissing an earlier stay application of 25th July 2017. The Applicant argued that its stay application in the lower court could not be heard for want of jurisdiction, that the trial court dismissed its stay application without notice, and that the High Court, which had granted only a 14-day temporary stay, lacked jurisdiction over employment matters. The Respondent opposed, contending the appeal was lodged in a court devoid of jurisdiction and was void ab initio, and that transfer of a concluded suit was untenable. The Court, Wasilwa J, held that the transfer prayer was untenable as the suit was concluded and judgment delivered; that the appeal was properly pending before the Kajiado High Court, a court of competent and concurrent jurisdiction, before which any such application should be made; and that issuing orders potentially contrary to the High Court's orders would be an abuse of process. The application was dismissed with costs to the Respondents.

Key legal issues

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Whether the ELRC could entertain an application for stay and transfer concerning a concluded subordinate court suit and an appeal pending before the High Court

Holding

The Court held it could not; the transfer prayer was untenable and the stay application should be made before the court seized of the appeal

Reasoning

The suit PMCC No. 355/2015 had been concluded and judgment delivered, so there was nothing to transfer. The appeal was pending before the Kajiado High Court, a court of competent and concurrent jurisdiction which had already made determinations and orders on the file. Issuing potentially conflicting orders would constitute an abuse of process. The application was therefore dismissed with costs.

p. 2

Legal principles established

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  • A concluded suit cannot be transferred to another court
  • A court should not issue orders that conflict with orders already made by a court of competent jurisdiction over the same file

Court orders

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  1. 1.Application dismissed with costs to the Respondents

Authorities

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Legislation

  • Industrial Court ActSection 12(1), (3) and (viii)
  • Civil Procedure RulesOrder 42 Rule 6(2)
  • Civil Procedure ActSections 3 and 3A
Jurisdiction invoked
Section 12(1), (3) and (viii) of the Industrial Court Act

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, "Christine Namukwi Muhangani v P. J. Dave Flowers Limited [2018] KEELRC 2198 (KLR)", Case Analysis (2018). Notice of Motion dated 30/10/2017 (arising from PMCC No. 355 of 2015, Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2198/eng@2018-03-13

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