Ojulo v Frodak Kenya Ltd. & another (Miscellaneous Application E020 of 2022) [2023] KEELRC 488 (KLR)
The bottom line
#Kenya's Employment Court allowed transferring dozens of sugar workers' employment cases to Butali Law Courts because it was closer, but spared cases already on appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the transfer of the listed suits to Butali Law Courts was warranted
Transfer allowed for suits not subject to pending appeals, on grounds of proximity and convenience under Sections 17 and 18 of the Civil Procedure Act
The applicant justified transfer on the proximity of the respondents' place of business and residence of claimants to Butali Law Courts, both courts being within Kakamega County. Applying the Hangzhou Agrochemicals factors (balance of convenience, expense, interests of justice), the court found proximity a good ground and no prejudice to respondents. It nonetheless declined to order transfer of suits where appeals were already pending.
Whether suits with pending appeals could be transferred
No - the court declined to make transfer orders over suits within pending appeals
The 2nd Respondent demonstrated that some listed suits (Kakamega MC ELRC Nos 52, 53, 78 and 90 of 2020) had been struck out for want of territorial jurisdiction and that appeals were pending in several matters including Kakamega MC ELRC No E7 of 2020. The court held it imprudent to make orders affecting suits within pending appeals and excluded them.
Legal principles established
#- Proximity of the respondents' place of business and convenience of the parties is a good ground for transfer of suits, absent prejudice to the respondents
- The factors in Hangzhou Agrochemicals v Panda Flowers for transfer applications were adopted as good law
Court orders
#- 1.Kakamega MC ELRC Nos E 8, 90, 207, 57, 46, 103, 144, 163, 156, 155, 80, 157, 143, e41, 14, 107, 194, 134, 95, 78, 133, 126, 60 of 2020, 209 of 2019, 207 of 2019, 208 of 2019, 206 of 2019, 193 of 2019, 64 of 2019, 179 of 2019 and 120 of 2019 transferred from Kakamega Chief Magistrate's Court to Butali Law Courts for hearing and determination, the order not affecting any struck off or dismissed suit at the lower court
- 2.Costs of the application to the respondent
- Jurisdiction invoked
- Sections 17 and 18 of the Civil Procedure Act (transfer of suits between subordinate courts)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojulo v Frodak Kenya Ltd. & another (Miscellaneous Application E020 of 2022) [2023] KEELRC 488 (KLR)", Case Analysis (2023). Notice of motion dated November 15, 2022 (Miscellaneous). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/488/eng@2023-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.