Mutisya v Shona EPZ Limited (Cause E594 of 2023) [2023] KEELRC 3208 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court confirmed it can hear employment cases from anywhere in the country, regardless of where the dispute arose.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC's jurisdiction is limited by territorial boundaries under Section 15 of the Civil Procedure Act
The Preliminary Objection was overruled; the ELRC has countrywide jurisdiction, and the Civil Procedure Act's territorial provisions do not curtail it, applying only in situations of vacuum in the ELRC Procedure Rules, 2016.
The Respondent relied on Section 15 of the Civil Procedure Act, arguing the cause of action arose in Athi River where the employment contract was executed and performed. The Claimant relied on decisions of the Court holding that the ELRC's jurisdiction is countrywide. The Court noted that although Machakos has a sub-registry, no Judge sits there, so Nairobi was the nearest fully-fledged station. The Objection was overruled with costs.
Legal principles established
#- The Employment and Labour Relations Court has countrywide territorial jurisdiction that cannot be curtailed by territorial boundaries.
- Where there is no sitting Judge at the nearer sub-registry, a claimant is well advised to file in the nearest fully-fledged station.
Court orders
#- 1.The Respondent's Preliminary Objection is overruled
- 2.Costs of the Preliminary Objection to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction; Section 15 of the Civil Procedure Act considered on territorial jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mutisya v Shona EPZ Limited (Cause E594 of 2023) [2023] KEELRC 3208 (KLR)", Case Analysis (2023). Cause No E594 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3208/eng@2023-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.