Kenya Union of Commercial Food and Allied Workers v Kisii Bottlers Limited & another (Employment and Labour Relations Appeal E004 of 2023) [2024] KEELRC 519 (KLR)
The bottom line
#The Employment Court in Nakuru refused to decide a late-appeal request, sending it instead to Kisumu, the court with the right territorial jurisdiction.
What this practically means
#Executive summary
#Key legal issues
#Territorial jurisdiction of the ELRC Nakuru over an intended appeal from a Kisii magistrate's court suit originally filed in ELRC Kisumu
The court found the application was filed in the wrong forum and transferred it to ELRC Kisumu
The Applicant argued that related transferred files were pending before Nakuru, but the court was not persuaded. Noting the suit originated in ELRC Kisumu before transfer to Kisii on pecuniary jurisdiction, the judge found it unclear why Nakuru was chosen and opted for transfer rather than dismissal or determination of the leave application.
Leave to appeal out of time
Not determined on the merits; the application was transferred for consideration by ELRC Kisumu
Although the Applicant attributed the delay to tracing the grievants across the country, and the Respondent urged inordinate unexplained delay relying on Kenya Revenue Authority v Habimana, the Nakuru court did not rule on the explanation for delay, leaving that question to the transferee court.
Legal principles established
#- Where an applicant files an extension-of-time application in a court lacking territorial jurisdiction over the intended appeal, the proper course is to transfer the application to the court with territorial jurisdiction rather than to determine it on the merits.
Court orders
#- 1.Transfer of the application to ELRC Kisumu for consideration and further directions
- 2.Costs in the appeal
- On appeal from
- Magistrate's Court at Kisii (CM's ELRC)
- MC ELRC Cause No. 5 of 2022
- Jurisdiction invoked
- Order 51 Rules 1 & 3 of the Civil Procedure Rules, Sections 3, 3A and 95 of the Civil Procedure Act, and Rule 8 of the Employment and Labour Relations Court (Procedure) Rules 2016; question of territorial jurisdiction arose from transfer of the primary suit from ELRC Kisumu to the Kisii Magistrate's Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers v Kisii Bottlers Limited & another (Employment and Labour Relations Appeal E004 of 2023) [2024] KEELRC 519 (KLR)", Case Analysis (2024). Intended appeal from MC ELRC Cause No. 5 of 2022, Kisii Chief Magistrate's Court. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/519/eng@2024-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.