Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedEmployment and Labour Relations Court Petition (application dated 2nd December 2020)· [2024] KEELRC 326 (KLR)

Muthaura v Cabinet Secretary Ministry of Agriculture Livestock Fisheries and Cooperative & 2 others; Kenya Tea Development Agency Management Services & another (Interested Parties) (Employment and Labour Relations Cause E027 of 2020) [2024] KEELRC 326 (KLR)

Employment and Labour Relations Court
14 February 2024
MOMAUREEN ONYANGO
3,408 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court refused to hand over an employment dispute to the High Court but paused the case until a related Nairobi petition is decided.

What this practically means

#

Executive summary

#
This ruling by Maureen Onyango, J of the Employment and Labour Relations Court decided an application dated 2nd December 2020 by the 2nd Interested Party seeking transfer of the petition to the High Court Constitutional Division at Nairobi, consolidation with Nairobi High Court Constitutional Petition No. E243 of 2020, or in the alternative, that the proceedings be held in abeyance pending the determination of that petition. All three petitions challenged the Crops (Tea Industry) Regulations, 2020. The 2nd Respondent opposed, arguing the High Court lacks jurisdiction over employment matters; the Petitioner argued the dispute was an employment matter preserve of the ELRC. The court framed the question around whether the dispute related to employment under Article 162(2)(a) and section 12 of the ELRC Act, noting that jurisdiction is determined on the pleadings. It held that prayers (i), (iii) and (iv) of the petition were employment issues within the exclusive jurisdiction of the ELRC and could not be transferred to the High Court. However, recognising that the Nairobi petition sought to quash the Regulations in their entirety, which if successful would obviate the orders sought in this petition, the court stayed these proceedings pending the determination of the Nairobi petition, preserving any interim reliefs already granted. Costs were ordered to be in the cause. The application was thus partially allowed: the transfer/consolidation prayer failed, but the alternative stay prayer succeeded. The ruling was delivered virtually on 14th February 2024.

Key legal issues

#
01

Jurisdiction of the ELRC over the petition

Holding

The petition raises employment issues within the exclusive jurisdiction of the ELRC; prayers relating to fair labour practices, Employment Act provisions and the constitutional rights of employees cannot be transferred to the High Court.

Reasoning

Section 12 of the ELRC Act confers exclusive original jurisdiction over employment and labour disputes. Jurisdiction is determined on the pleadings, and the petition's prayers (i), (iii) and (iv) concern employees' rights under Articles 10, 27, 41 and 47 and sections 9, 40 and 45 of the Employment Act. These are employment issues the ELRC alone can determine.

p. 8
02

Whether proceedings should be stayed pending the Nairobi petition

Holding

Since a successful challenge in Nairobi High Court Constitutional Petition No. E243 of 2020 would obviate the orders sought in this petition, the court stayed these proceedings pending that petition's determination.

Reasoning

The court noted the Nairobi petition seeks quashing of the Crops (Tea Industry) Regulations, 2020 in their entirety, which if successful would render this petition unnecessary. To avoid multiplicity and inconsistent outcomes, the stay was the appropriate order, preserving any interim reliefs already granted.

p. 8

Legal principles established

#
  • The High Court cannot exercise jurisdiction over matters instituted in courts of equal status such as the ELRC, and vice versa
  • Jurisdiction is determined on the basis of the pleadings, and where relief sought concerns employment disputes the ELRC has exclusive jurisdiction

Court orders

#
  1. 1.Stay of the suit pending determination of Nairobi High Court Constitutional Petition No. E243 of 2020
  2. 2.Should the said petition not be granted then the instant petition can proceed
  3. 3.The stay orders do not affect any interim reliefs that may have been granted for conservation of the status of any party
  4. 4.Costs shall be in the cause

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 162(2)(a)
  • Constitution of Kenya, 2010Article 23(3)
  • Constitution of Kenya, 2010Articles 10, 27, 41, 47
  • Employment and Labour Relations Court ActSection 12(1)
  • Employment and Labour Relations Court ActSection 3
  • Employment ActSections 9, 40, 45, 87(3)
  • Crops (Tea Industry) Regulations, 2020Regulations 22(1), 22(3), 22(4), 22(5); Legal Notice Number 97 of 2020
  • Statutory Instrument Act

Cases cited (12)

  • Sollo Nzuki v Salaries and Remuneration Commission & 2 others
    (2019) eKLR
  • Co-operative Bank of Kenya Limited v Patrick Kangethe Njuguna & 5 others
    (2017) eKLR
  • Francois Makorani Ddaiddo v Bank of India (K) ltd
    (2017) eKLR
  • Republic v Paul Kihara Kariuki, Attorney General & 2 others Ex parte Law Society of Kenya
    (2020) eKLR
  • Hilton Walter Nabongo Osinya & Another v Savings & Loan (K) Limited & Another
    Nairobi HCCC No. 274 of 1998
  • Medical Research Institute v Davy Kiprotich Koech
    (2018) eKLR
  • Cabinet Secretary, Ministry of Mining & Another v National Environment Management Authority & 3 others Ex-Parte Cortex Mining Kenya Limited
  • Daniel N. Mugendi v Kenyatta University & 3 others
    CACA No. 6/2012 (2013) eKLR
  • Judicial Service Commission v Gladys Boss Shollei & Another
    (2014) eKLR
  • Hangzhou Agrochemicals Industries Ltd v Panda Flowers Ltd
    (2012) eKLR
  • Republic v Karisa Chengo & 2 others
    [2017] eKLR
  • Kenya Tea Development Agency Holdings Limited & 55 others v Cabinet Secretary, Ministry of Agriculture, Livestock, Fisheries & Co-operatives & 2 others; Kenya Small Tea Holders Growers Association (Kestega) (Interested Parties)
    [2021] eKLR
Jurisdiction invoked
Article 162(2)(a) of the Constitution and section 12 of the Employment and Labour Relations Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muthaura v Cabinet Secretary Ministry of Agriculture Livestock Fisheries and Cooperative & 2 others; Kenya Tea Development Agency Management Services & another (Interested Parties) (Employment and Labour Relations Cause E027 of 2020) [2024] KEELRC 326 (KLR)", Case Analysis (2024). Employment and Labour Relations Court Petition (application dated 2nd December 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/326/eng@2024-02-14

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