Republic v Cabinet Secretary, Ministry of Education & 2 others; Amukhono (Ex parte Applicant); Toroitich & 3 others (Interested Parties) (Judicial Review E023 of 2025) [2025] KEELRC 2020 (KLR)
The bottom line
#Kenya's Employment Court ruled that a case filed in the wrong court is dead on arrival and cannot be fixed by transferring it.
What this practically means
#Executive summary
#Key legal issues
#Whether a court without jurisdiction may transfer a suit to a court with jurisdiction
No. Such a transfer is a nullity; the receiving court cannot entertain the application and should not have issued orders on it.
Relying on Equity Bank Ltd v Bruce Mutie Mutuku, the court held that a suit filed in a court lacking jurisdiction is incompetent and cannot be sanctified by transfer. Once jurisdiction is found lacking, the court should down its tools and strike out or dismiss the claim rather than transfer it. The transferred application was 'dead on arrival', so the orders issued by the ELRC on 23rd April 2025 could not stand.
Validity of the ex-parte orders issued on 23rd April 2025
They were set aside, reviewed and discharged as they issued on an application that was a nullity and were ex-parte.
The court agreed with the applicants that, having received a transferred application that lacked a lawful foundation, it could not issue orders as it did on 23rd April 2025. The orders were granted ex-parte without the respondents being heard, offending natural justice, and flowed from proceedings transferred without jurisdiction.
Legal principles established
#- A suit filed in a court without jurisdiction is a nullity and cannot be transferred to another court; the proper course is to strike out or dismiss the claim.
Court orders
#- 1.Set aside/reviewed and discharged the orders issued on 23rd April 2025
- 2.Struck out the entire Judicial Review application
- 3.No order of costs
- On appeal from
- High Court of Kenya at Nairobi (Constitutional and Human Rights Division)
- Judicial Review E093 of 2025
- Jurisdiction invoked
- Article 162(2) of the Constitution (specialised ELRC jurisdiction), following transfer by the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Cabinet Secretary, Ministry of Education & 2 others; Amukhono (Ex parte Applicant); Toroitich & 3 others (Interested Parties) (Judicial Review E023 of 2025) [2025] KEELRC 2020 (KLR)", Case Analysis (2025). Judicial Review Application (transferred from Nairobi High Court JR E093 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2020/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.