Nyambane & another v Kenya County Government Workers Union; Kenya County Government Workers Union (Client); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Advocate) (Miscellaneous Application E247 of 2021) [2023] KEELRC 2956 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can transfer cases between registries, but refused to move this advocate's fee bill because he delayed and filed in the wrong place.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has power under Section 18 of the Civil Procedure Act to transfer a bill of costs between its registries
The ELRC, being a superior court of record with the status of the High Court, has jurisdiction to transfer suits
The court rejected the Respondent's submission that Section 18 applies only to the High Court. It held that the ELRC enjoys the status of the High Court and accordingly may exercise the transfer power, though on the facts it declined to do so as the applicant had not made a sustainable case for transfer.
Whether the application for transfer to Nakuru for re-taxation was merited on the facts
Not merited; the application was dismissed
Despite agreeing that transfer is an administrative facility, the court noted the applicant filed the bill in Nairobi despite the parent file having been at Nakuru, took over three months after the retaxation ruling to move the court, and the Respondent had already filed an application before the Court of Appeal at Nairobi, making transfer inopportune.
Legal principles established
#- The Employment and Labour Relations Court is a superior court of record with the status of the High Court and has jurisdiction to transfer suits
- Transfer of a case to a court with proper jurisdiction is an administrative matter aimed at speedy disposition, not a jurisdictional question
Court orders
#- 1.The Notice of Motion dated 19th June, 2023 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Sections 3A and 18 of the Civil Procedure Act; Section 20 of the Employment and Labour Relations Court Act; the ELRC's status as a superior court of record with the status of the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyambane & another v Kenya County Government Workers Union; Kenya County Government Workers Union (Client); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Advocate) (Miscellaneous Application E247 of 2021) [2023] KEELRC 2956 (KLR)", Case Analysis (2023). Miscellaneous Application No. E247 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2956/eng@2023-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.