[2025] KEELRC 1796 (KLR)
The court held that the applicant's reliance on Section 15(1) of the Civil Procedure Act was misplaced because the Employment and Labour Relations Court [Procedure] Rules, 2024, specifically Rule 6, provide a distinct and overriding procedure for determining the appropriate forum for employment disputes. The Rules...
Source-derived case information.
- Citation
- [2025] KEELRC 1796 (KLR)
- Parties
- Applicant: E-Kati Hauliers Limited; Respondent: Richard Mutinda Muteti
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E012 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed
- Judges
- K Ocharo
- Legal Topics
- Transfer of Suit, Jurisdiction of Court, Application of Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E-Kati Hauliers Limited
Applicant
Richard Mutinda Muteti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Employment and Labour Relations Court should order the transfer of Employment Cause No. E005 of 2023 and E006 of 2023 from the Principal Magistrate’s Court at Kaloleni to the Chief Magistrate’s Court at Makindu.
- 2 Whether the application of Section 15(1) of the Civil Procedure Act overrides Rule 6 of the Employment and Labour Relations Court [Procedure] Rules, 2024.
Ratio Decidendi
The court held that the applicant's reliance on Section 15(1) of the Civil Procedure Act was misplaced because the Employment and Labour Relations Court [Procedure] Rules, 2024, specifically Rule 6, provide a distinct and overriding procedure for determining the appropriate forum for employment disputes. The Rules allow a suit to be filed where the claimant resides, works, or carries on business, and these provisions are both progressive and equitable. Since the Rules were enacted under the authority of the Employment and Labour Relations Court Act, which is subsequent to the Civil Procedure Act, they take precedence in employment matters. The applicant's failure to recognize and apply...
Court Disposition
application dismissed
Orders
- The application dated 7th May 2025 is dismissed.
- This file is marked closed.
Full Case Text
Judgment text and source record
22 paragraphs
E-Kati Hauliers Limited v Muteti (Miscellaneous Application E012 of 2025) [2025] KEELRC 1796 (KLR) (19 June 2025) (Ruling)
Neutral citation: [2025] KEELRC 1796 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Malindi
Miscellaneous Application E012 of 2025
K Ocharo, J
June 19, 2025
Between
E-Kati Hauliers Limited
Applicant
and
Richard Mutinda Muteti
Respondent
Ruling
1. By the Notice of Motion application dated 7TH May 2025, the Applicant sought that this Court order the transfer of Employment Cause No. E005 of 2023 and E. OO6 OF 2023 pending before the Principal Magistrate’s Court at Kaloleni, Kilifi County, to the Chief Magistrate’s Court at Makindu, Makueni County.
2. The application is anchored on the prime ground that the cause of action arose in Emali Town within the jurisdiction of the Makindu Chief Magistrate’s Court, and that the Respondent conducts its transportation business and has its Headquarters at Emali Town, Makueni County.
3. The Respondents vehemently oppose the application.
4. I have carefully considered the application, the grounds on which it is premised, the supporting affidavit, and the replying affidavit. Without hesitation, I state that the application is a good candidate for failure.
5. Rule 6 of the Employment and Labour Relations Court [Procedure] Rules, 2024 allows the Claimant, Petitioner or Applicant, as the case may be, to initiate a suit at the registry with respect to the County where he or she resides or carries on business or personally works for gain. The Applicant’s application is ignorant of this progressive and equitable provision. The tragedy of it is that it relies on the stipulations of Section 15[1] of the Civil Procedure Act, which are radically different from those of the Rule.
6. Essentially, the application does not recognise that the Rules of this Court have been drafted and implemented under the authority of the Employment and Labour Relations Court, a subsequent Act of Parliament relative to the Civil Procedure Act.
7. In the upshot, I find this application lacking in merit. It is hereby dismissed. This file is marked closed.
READ, SIGNED AND DELIVERED VIRTUALLY IN MOMBASA THIS 19TH JUNE, 2025. OCHARO KEBIRAJUDGE