Ddaiddo v Bank of India (Cause 616 of 2015) [2025] KEELRC 332 (KLR)
The bottom line
#Kenya's Employment Court ruled it could not act on a dispute after the Court of Appeal stripped it of jurisdiction, sending the 20-year-old case back to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to entertain post-judgment applications where the Court of Appeal has declared the ELRC without jurisdiction
The ELRC has no jurisdiction to hear or determine the applications and cannot issue directions; the applications and interim orders fall away.
The Court of Appeal on 21 June 2024 declared the applicant's suit time-barred and held that the ELRC had no jurisdiction to entertain the respondent's counterclaim. Once a superior court has determined that a court lacks jurisdiction, that court cannot take any further step in the matter, including issuing directions or maintaining interim orders, even where a stalemate results.
How to address the resulting stalemate between the parties
In the interests of justice, and notwithstanding the want of jurisdiction to entertain the dispute, the file is directed to revert to the High Court for directions and the ELRC file is closed.
The Court of Appeal judgment left the dispute unresolved: the respondent was instructed to evaluate the applicant's matrimonial home for auction while no court had adjudicated the dispute. The court, acting on administrative housekeeping rather than adjudicative jurisdiction, directed that the file be returned to the High Court where the suit originated.
Legal principles established
#- A court without jurisdiction cannot issue any directions or interim orders, however desirable the outcome in the interests of justice.
Court orders
#- 1.Interim orders issued on 29 August 2024 lapse with the ruling
- 2.The file shall revert to the Mombasa High Court for directions in the interests of justice
- 3.The ELRC Deputy Registrar shall move the file to the Mombasa High Court Registry
- 4.ELRC Cause No. 616 of 2015 is hereby closed
- On appeal from
- Court of Appeal (Mombasa Civil Appeal No. E082 of 2021)
- Mombasa Civil Appeal No. E082 of 2021
- Jurisdiction invoked
- Court held it lacks jurisdiction following the Court of Appeal judgment; no statutory basis invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ddaiddo v Bank of India (Cause 616 of 2015) [2025] KEELRC 332 (KLR)", Case Analysis (2025). ELRC Cause No. 616 of 2015 (formerly Mombasa High Court Civil Case No. 164 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/332/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.