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ELRCAllowedELRC Cause ( judicial review) Miscellaneous Application (Transfer of Suits)· [2022] KEELRC 353 (KLR)

AVC Management Limited v Emmanuel Mwamunye Jilani [2022] KEELRC 353 (KLR)

Employment and Labour Relations Court
4 April 2022
BMB. O. M. Manani
1,250 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court moved 37 employment cases to Kilifi, ruling claimants cannot file suits in a distant court when one exists near the defendant's business.

What this practically means

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Executive summary

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This was an application by the Applicant (respondent in 37 employment claims) seeking transfer of 37 suits (CMELRC E007 of 2020 through CMELRC E047 of 2020) from the Principal Magistrate's Court at Kaloleni to the Principal Magistrate's Court at Kilifi for hearing and disposal. The claimants, led by Emmanuel Mwamunye Jilani, had filed employment claims at Kaloleni against the Applicant, which operates a hotel business in Kilifi town where the grievances arose. The court noted that the jurisdiction of magistrates' courts over employment disputes derives from section 29 of the ELRC Act and Gazette Notice No. 6024 of 2018, and that geographical proximity of the trial court to the parties and cause of action is critical to ensuring justice is dispensed in a just, affordable, proportionate and expeditious manner. While the respondents argued that Kaloleni offered optimum use of judicial resources and the matters were already ready for trial, the court held that justice is two-way and it is unjust to haul a defendant to a distant forum when a competent court exists next door to his place of business. The court found the decision to file outside Kilifi town not defendable and ordered all 37 suits transferred to the Principal Magistrate's Court, Kilifi, with no order as to costs.

Key legal issues

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01

Transfer of suits to the court of close geographical proximity to the defendant's place of business

Holding

Suits filed at Kaloleni when the cause of action arose in Kilifi town and a competent court exists there were improperly filed and are transferred to Kilifi.

Reasoning

The court found that the grievances arose within Kilifi town where the Applicant operates a hotel business, that a Principal Magistrate's court sits in Kilifi town, and that the choice of Kaloleni burdened the defendant with added costs. The court weighed expeditious disposal against fairness to the defendant and held the claimant should bear the consequences of choosing a distant forum absent compelling justification.

p. 2

Legal principles established

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  • It is unjust to haul a defendant to court in a geographical location far from where he resides or does business when there is a court next door; there must be compelling reasons for the claimant to avoid the court in close proximity to the defendant.

Court orders

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  1. 1.The several suits (CMELRC E007 of 2020 through E047 of 2020) be transferred to the Principal Magistrate's Court, Kilifi for hearing and disposal
  2. 2.No order as to costs

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 17; Rule 28(3)
  • Employment and Labour Relations Court Actsection 3(1); section 12(3)(viii); section 29
  • Magistrates Actnot specified
  • Civil Procedure rulesnot specified

Cases cited (1)

  • Vincent Mwatsuma Nguma & 5 others v Kilifi Mariakani Water & Sewerage Co Ltd (KIMAWASCO)
    [2021] eKLR
Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2016; section 29 of the Employment and Labour Relations Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (5)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "AVC Management Limited v Emmanuel Mwamunye Jilani [2022] KEELRC 353 (KLR)", Case Analysis (2022). ELRC Cause ( judicial review) Miscellaneous Application (Transfer of Suits). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/353/eng@2022-04-04

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