Universe Freight Services Limited v Mwangi (Appeal E150 of 2024) [2025] KEELRC 393 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to strike out the workers' 2013 petitions, ruling that arguments requiring factual investigation cannot be raised as preliminary objections.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection and application for striking out were based on pure points of law
The Court found that the grounds raised, including the alleged res judicata and lack of jurisdiction, were not pure points of law as they required ascertainment of facts.
The Court relied on Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Ltd which defined a preliminary objection as a matter argued on the assumption that all facts pleaded are correct. However, the 1st Respondent's grounds required the Court to ascertain facts such as the parties in the prior proceedings and the issues in dispute, which could only be determined through viva voce evidence. The Court therefore found the preliminary objection incompetent.
Whether the suits are res judicata with respect to the causes of action
The Court held that the claim of res judicata was not proven, as the Applicants had asserted that the causes of action were different and the parties were different.
The Court noted that the parties in ELRC No. 2276 of 1993 were different from the parties in the present suits, and that the present suits were filed in 2013 to address issues arising from different causes of action. The Court therefore found that the assertion of res judicata was not a pure point of law and could not be determined without ascertaining the facts.
Legal principles established
#- A preliminary objection can only be raised on a pure point of law which is not disputed, and if any facts have to be ascertained or disputed, it is not a pure point of law.
- A party should not be driven from the judgment seat unless it is an abuse of the process of court, and a clear case of non-disclosure of material facts must be demonstrated.
Court orders
#- 1.The Notice of Preliminary Objection dated 30th November 2020 is found to have no merit and is dismissed
- 2.The Notice of Motion application dated 25th November 2020 is found to be without merit and is also dismissed with costs to the 1st to 4th Respondents
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act read together with Section 3(1) and (2) of the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Universe Freight Services Limited v Mwangi (Appeal E150 of 2024) [2025] KEELRC 393 (KLR)", Case Analysis (2021). ELRC Petition 5 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/393/eng@2025-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.