Republic v Chairman, Board of Directors National Water Harvesting & Storage Authority & another Ex Parte David Ngure Kairu; Sharon Obonyo (Interested Party) [2021] KEELRC 774 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court can hear employment cases anywhere in the country, regardless of where the employer is based.
What this practically means
#Executive summary
#Key legal issues
#Territorial jurisdiction of the ELRC
The ELRC Nakuru has jurisdiction to entertain the matter notwithstanding that the respondents are headquartered in Nairobi and the resolutions complained of were passed there
Relying on Article 162(2) and prior decisions, the court held that the ELRC is a court of the same status as the High Court. In mapping jurisdiction, four traditional elements apply - parties, territory, remedies and subject matter - and presence of any of them suffices unless it results in a bar. Constitutionally the court exercises territorial jurisdiction throughout the Republic, so no geographical bar arose.
Recusal
Having previously handled similar issues, the Judge recused herself and referred the application to a colleague in Nakuru
Although the preliminary objection failed, the Judge noted she had handled issues similar to those raised in the application and, in the interest of justice, stepped aside and referred the main application for directions to another judge within Nakuru.
Legal principles established
#- The ELRC is a court with the status of the High Court with unlimited original and appellate jurisdiction over the whole of Kenya, and is not confined to the geographical area where the cause of action arose
Court orders
#- 1.The Preliminary Objection dated 7th June 2021 raising lack of territorial jurisdiction is dismissed
- 2.The Judge recuses herself from further handling the application
- 3.The application is referred to a colleague within Nakuru for further directions on the main application
- Jurisdiction invoked
- Article 162 of the Constitution (ELRC as a court with the status of the High Court); Water Act No. 43 of 2016, 1st Schedule, section 11 (raised in the other preliminary objection)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman, Board of Directors National Water Harvesting & Storage Authority & another Ex Parte David Ngure Kairu; Sharon Obonyo (Interested Party) [2021] KEELRC 774 (KLR)", Case Analysis (2021). Judicial Review Application (ELRC, Nakuru) - exact number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/774/eng@2021-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.