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ELRCDismissedCause No E594 of 2023· [2023] KEELRC 3208 (KLR)

Mutisya v Shona EPZ Limited (Cause E594 of 2023) [2023] KEELRC 3208 (KLR)

Employment and Labour Relations Court
7 December 2023
410 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Respondent filed a Notice of Preliminary Objection dated 14th August 2023 challenging the Court's territorial jurisdiction, relying on Section 15 of the Civil Procedure Act, and contending that the cause of action arose in Athi River, where the Respondent carries on business and where the contract of employment was executed and performed. The Claimant opposed the Objection, relying on decisions of the Employment and Labour Relations Court affirming that the Court has countrywide jurisdiction not curtailed by territorial boundaries, including Judith Anyango Iruka v Muthaiga Golf Club and Debbie Atieno Odhiambo v Mhasibu Housing Company Limited, as well as the Republic ex parte David Ngure Kairu decision holding that the Court has no geographical jurisdiction. The Court observed that although Machakos has a sub-registry, no Judge sits there, and with diligence the Respondent could have established that fact; the Claimant was therefore well advised to file in Nairobi, the nearest fully-fledged station. The Court found the Objection not well taken, overruled it, and awarded costs of the Objection to the Claimant.

Key legal issues

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01

Whether the ELRC's jurisdiction is limited by territorial boundaries under Section 15 of the Civil Procedure Act

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Respondent's Preliminary Objection is overruled
  2. 2.Costs of the Preliminary Objection to the Claimant

Authorities

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Legislation

  • Civil Procedure ActSection 15
  • Employment and Labour Relations Court (Procedure) Rules, 2016Not specified

Cases cited (3)

  • Judith Anyango Iruka v Muthaiga Golf Club
    [2018] eKLR
  • Debbie Atieno Odhiambo v Mhasibu Housing Company Limited & another
    [2022] eKLR
  • Republic v Chairman, Board of Directors National Water Harvesting & Storage Authority & another Ex Parte David Ngure Kairu
    [2021] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; Section 15 of the Civil Procedure Act considered on territorial jurisdiction

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, "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.