Kenya Local Government Workers Union & another v Industrial Court of Kenya; National Union of Water & Sewerage Employees & another (Interested Parties); Kenya County Government Workers Union (Respondent); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Applicant) (Miscellaneous Application E211 of 2021) [2023] KEELRC 2755 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court confirmed it can tax lawyers' bills in employment matters, refusing to transfer a decade-old fees dispute to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection challenging the Taxing Officer's jurisdiction met the Mukisa Biscuits threshold
The preliminary objection met the threshold since it questioned jurisdiction, a pure point of law, but it failed on the merits because the ELRC has jurisdiction to tax bills of costs arising from employment and labour relations matters
Applying Mukisa Biscuits, an objection to jurisdiction is a pure point of law and thus qualifies as a preliminary objection. However, the court derived its jurisdiction from Article 162(2) of the Constitution and Section 12 of the ELRC Act, which establish the ELRC as a court of equal status with the High Court with jurisdiction over employment and labour relations matters, including taxation of bills of costs. The objection was therefore dismissed.
Whether the bill of costs should be transferred to the High Court for re-taxation
The transfer application was refused because transfer is an administrative matter, the taxation was at an advanced stage with a ruling on re-taxation pending, and the application was seen as a delaying tactic
The court relied on Ali Jarso Wako that transfer of files is an administrative matter aimed at facilitating speedy disposition. The matter was at an advanced stage, with a ruling directing re-taxation of instruction fees pending. The applicant had not raised the jurisdictional issue when the bill was first placed before the Deputy Registrar, and the court accepted the respondent's argument that the application was calculated to slow down final disposition to the respondent's detriment.
Legal principles established
#- The Registrar and Deputy Registrars of the ELRC sitting as Taxing Officers have jurisdiction to tax Advocates' Bills of Costs in employment and labour relations matters
- If a court has no jurisdiction to hear and determine a suit before it, there is nothing capable of being transferred to another court
Court orders
#- 1.The Notice of Preliminary Objection dated 8th August 2023 is dismissed as unmerited
- 2.The Notice of Motion dated 3rd July 2023 is dismissed with no orders as to costs
- Jurisdiction invoked
- Article 162(2) of the Constitution of Kenya, 2010 and Section 12 of the Employment and Labour Relations Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Local Government Workers Union & another v Industrial Court of Kenya; National Union of Water & Sewerage Employees & another (Interested Parties); Kenya County Government Workers Union (Respondent); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Applicant) (Miscellaneous Application E211 of 2021) [2023] KEELRC 2755 (KLR)", Case Analysis (2023). Misc Application No E211 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2755/eng@2023-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.