Christine Namukwi Muhangani v P. J. Dave Flowers Limited [2018] KEELRC 2198 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#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
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
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.
Legal principles established
#- 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
#- 1.Application dismissed with costs to the Respondents
- Jurisdiction invoked
- Section 12(1), (3) and (viii) of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.