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ELRCDismissedCause No E017 of 2023· [2023] KEELRC 1940 (KLR)

Mugaduka v Emmerging Ecomm Ventures Inc Limited (Cause E017 of 2023) [2023] KEELRC 1940 (KLR)

Employment and Labour Relations Court
27 July 2023
MMM. Mbarũ
1,093 words in judgment
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The bottom line

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Kenya's Employment Court in Mombasa ruled it can hear employment claims wherever they arise in Kenya, so employers cannot easily move cases to Nairobi.

What this practically means

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Executive summary

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The respondent raised a preliminary objection dated April 14, 2023 contending that the ELRC at Mombasa lacked territorial jurisdiction because its principal office is in Nairobi, the claimant was contracted to work from Nairobi, and the cause of action arose wholly in Nairobi, invoking Section 15 of the Civil Procedure Act. The claimant countered that she worked in both Nairobi and the Coast regions, marketing products in Mombasa under a contract designating her as Retail Lead – Nairobi & Coast, and that the objection failed the Mukisa Biscuit test of being a pure point of law. The court, per M. Mbarũ J, framed a sole issue: whether the court has territorial jurisdiction. It held that the ELRC is established under Article 162(2)(a) with original jurisdiction over employment and labour disputes; wherever it sits, it has jurisdiction where a cause of action arises within the Republic, and station designations under Section 29(2) of the ELRC Act serve access to justice. Questions of where the claimant was located at termination and why employment ended are matters of fact for the full hearing, not preliminary objections. The objection was dismissed with costs abiding the main suit; pleadings were extended 14 days and mention set for September 18, 2023.

Key legal issues

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01

Territorial jurisdiction of the ELRC at Mombasa over a claim where the respondent's principal office is in Nairobi

Holding

The court has jurisdiction; the claimant is properly before the Mombasa court and the objection is dismissed.

Reasoning

The ELRC is established under Article 162(2)(a) with original jurisdiction over employment disputes throughout the Republic. Section 29(2) designations by the Chief Justice serve access to justice. Whether the claimant was located where her employment terminated, and reasons for termination, are matters of fact for full hearing and cannot be resolved by preliminary objection. Denying her a hearing would abdicate the court's original purpose.

p. 3

Legal principles established

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  • Where a cause of action arises within Kenya, the ELRC wherever sitting has original jurisdiction over employment and labour relations disputes; territorial objections do not defeat that mandate.

Court orders

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  1. 1.The respondent's preliminary objection dated April 14, 2023 is found without merit and dismissed
  2. 2.Costs shall abide the outcome of the main suit
  3. 3.Time to close pleadings extended by 14 days
  4. 4.Mention on September 18, 2023 to take hearing directions

Authorities

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Legislation

  • Civil Procedure ActSection 15
  • Constitution of Kenya, 2010Article 162(2)(a)
  • Employment and Labour Relations Court ActSection 29(2)

Cases cited (2)

  • Phoenix EA Assurance Company Limited v SM Thiga t/a Newspaper Service
    [2019] eKLR
  • Mukisa Biscuit Manufacturing Limited v West End Distributors
    [1969] EA
Jurisdiction invoked
Article 162(2)(a) of the Constitution of Kenya, 2010 and the Employment and Labour Relations Court Act, 2011

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, "Mugaduka v Emmerging Ecomm Ventures Inc Limited (Cause E017 of 2023) [2023] KEELRC 1940 (KLR)", Case Analysis (2023). Cause No E017 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1940/eng@2023-07-27

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