Noor v Dabashil Group t/a Money Transfer Co Ltd (Cause E284 of 2023) [2024] KEELRC 1234 (KLR)
The bottom line
#Kenya's Employment Court ruled it can hear a job dispute tied to a Somaliland employer, dismissing the company's attempt to strike out the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Employment and Labour Relations Court has jurisdiction over an employment dispute where the employer's duty station is in Hargeisa, Somaliland
The dispute falls within the exclusive jurisdiction of the ELRC under Article 162(2)(a) and section 12 of the ELRC Act; the location of the employer abroad is a question of fact not suitable for a preliminary objection.
The Court traced its jurisdiction to Article 162(2)(a) of the Constitution and section 12 of the Employment and Labour Relations Court Act, which confers exclusive original and appellate jurisdiction over disputes arising out of employment between an employer and an employee. The Claimant's suit is an employment dispute arising from an accepted offer of employment. The objection that the duty station was Hargeisa, Somaliland requires ascertainment of facts, which cannot be resolved on a preliminary objection. The objection was therefore dismissed.
Whether the Preliminary Objection contravened the Mukisa Biscuits principle that preliminary objections must be pure points of law
The objection raised matters dependent on factual ascertainment and offended the Mukisa Biscuits principle.
The Court invoked the celebrated decision in Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd, quoting the warning against improperly raising points which should be argued in the normal manner by way of preliminary objection. Because the objection required facts to be ascertained - including whether the contract was made in Kenya and whether the Respondent was privy to it - it was improperly brought as a preliminary objection.
Legal principles established
#- Where facts have to be ascertained to determine jurisdictional questions, those facts are not fit for determination in a preliminary objection.
Court orders
#- 1.The Preliminary Objection raised by the Respondent is dismissed
- 2.Costs of the Preliminary Objection to the Claimant
- 3.The Court to issue directions on the disposal of the suit immediately after the Ruling
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya, 2010 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, "Noor v Dabashil Group t/a Money Transfer Co Ltd (Cause E284 of 2023) [2024] KEELRC 1234 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1234/eng@2024-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.