Ojode v Kenya National Shipping Line Limited & another (Cause E009 of 2024) [2024] KEELRC 1407 (KLR)
The bottom line
#Kenya's Employment Court ruled that state corporation employees can go straight to the ELRC with employment disputes without first exhausting internal or Public Service Commission remedies.
What this practically means
#Executive summary
#Key legal issues
#Whether Section 15 of the ELRC Act requires exhaustion of ADR/internal mechanisms before filing suit
No; Section 15 mechanisms operate post-filing and do not divest the court of original jurisdiction.
The court held that the motions of Section 15 come alive only after parties are in court. Upon filing, parties may seek ADR and report back, and the court may stay proceedings under Section 15(4) for conciliation or mediation. These mechanisms do not deny the court its original jurisdiction over employment disputes.
Whether the Public Service Commission Act sections cited oust the ELRC's jurisdiction
No; unfair labour practices are within the exclusive jurisdiction of the ELRC.
The dispute concerns alleged unfair labour practices arising from a surcharge, which the court held fall within its exclusive jurisdiction and cannot be resolved through Sections 59, 60 or 74 of the Public Service Commission Act outside the court.
Whether state corporation employees must first appeal to the Public Service Commission under the County Government Act regime
No; the Hulbhai Gedi Abdille reasoning on Section 77 of the County Government Act does not apply to state corporation employees.
The claimant is an employee of a state corporation, not a county government. Employees of state corporations are not regulated under the County Government Act's appeal regime to the Public Service Commission, so that authority was distinguishable.
Legal principles established
#- Section 15 of the ELRC Act is engaged only once parties are before the court; it does not oust the court's original jurisdiction by requiring prior exhaustion of ADR mechanisms.
- Where an employment relationship exists, the ELRC is the primary forum for employment and labour disputes.
- The mandate of the Public Service Commission, though constitutional, must be applied in the context of each case; employees of state corporations are not regulated under the County Government Act appeal regime.
Court orders
#- 1.Objections dated 15 April 2024 dismissed
- 2.The court will hear the claim on the merits
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution read with Section 12 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojode v Kenya National Shipping Line Limited & another (Cause E009 of 2024) [2024] KEELRC 1407 (KLR)", Case Analysis (2024). Cause No E009 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1407/eng@2024-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.