Okumu v Coulson (Employment and Labour Relations Cause 187 of 2022) [2025] KEMC 62 (KLR)
The bottom line
#A Nakuru court refused to strike out an employment suit filed in the wrong town, ordering it transferred to Naivasha at the claimant's cost instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit filed at Nakuru Chief Magistrate's Court was incompetent for want of territorial jurisdiction where the cause of action arose in Gilgil and a court of the same rank exists at Naivasha
Filing at Nakuru was not defensible, but striking out was refused; the proper course is transfer to Naivasha through the ELRC, at the claimant's cost.
The court found the grievances arose in Gilgil where the applicant operates her business, and Naivasha Chief Magistrate's Court is nearer and of the same rank. While a magistrate's jurisdiction may be countrywide under the Magistrates' Court Act, geographic convenience of both parties is of critical importance; justice is two-way and forum shopping that burdens a defendant with added costs should not be countenanced. However, striking out is too drastic a remedy, and the claimant conceded amenability to transfer, so a conditional direction to seek transfer via the ELRC was made.
Whether the Civil Procedure Act and authorities based on it could be invoked in this employment dispute
No; such invocation is inappropriate in an employment and labour relations dispute.
Following AUC Management Limited v Emmanuel Mwamunya Jilani, the court held that parties to employment and labour disputes before the magistrates' court exercising ELRC jurisdiction should not invoke the Civil Procedure Rules except as permitted under the ELRC rules; where the ELRC rules are silent, applications lie under section 3(1) of the ELRC Act read with section 12(3)(viii) and Rule 17 of the ELRC rules.
Legal principles established
#- It is inappropriate to invoke the Civil Procedure Act or Rules, or cite authorities thereon, in an employment and labour relations dispute before the magistrates' court exercising ELRC jurisdiction.
- Jurisdiction of magistrates' courts over employment disputes derives from the Chief Justice's power under section 29 of the ELRC Act and Gazette Notice No. 6024 of 2018, limited to matters within the magistrates' areas of jurisdiction.
- A claimant must have compelling reasons to file suit in a court far from the defendant's residence or place of business when a competent court sits in close proximity.
Court orders
#- 1.The application to strike out the suit is declined; striking out is not the appropriate remedy in the first instance
- 2.The claimant is directed to move to the ELRC by way of an application to have the suit transferred to Naivasha at his own costs, within 30 days from 4th February 2025
- 3.Failure to comply within 30 days, the cause shall stand dismissed or struck out for non-compliance
- 4.Costs of the application awarded to the Applicant
- 5.Mention on 22nd April 2025
- Jurisdiction invoked
- Section 29 of the Employment and Labour Relations Court Act; Gazette Notice No. 6024 of 2018; sections 3A, 63(e) and 51 Rule 1 of the Civil Procedure Act (invoked by the applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okumu v Coulson (Employment and Labour Relations Cause 187 of 2022) [2025] KEMC 62 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/62/eng@2025-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.