Nyabwala v Elevate HR Limited (Cause E276 of 2024) [2025] KEELRC 1549 (KLR)

The Court noted the claimant's apparent belief that while the Court can entertain his claim, it cannot entertain the employer's complaints arising from the same employment relationship. Relying on the Court's prior decision in Abraham Nyambane Atsiago v Barclays Bank of Kenya, it held that the employment relationship generates a multiplicity of rights and obligations, all falling under employment and labour relations, and that splitting a case into fragments across different courts could not have been the legislative intention.

The Claimant argued that the counterclaim did not raise an employment-related dispute. The Respondent relied on the Mukisa Biscuit definition of a preliminary objection as a pure point of law argued on assumed facts. The Court held that the Claimant's objection rested on a mistaken belief about the scope of the Court's jurisdiction and was ill advised.