[2016] KEELRC 274 (KLR)
The court found that the initial dismissal of the application to transfer the suit was based on the applicants' failure to annex pleadings from the subordinate court, which prevented the court from determining whether the matter fell within its jurisdiction. Upon review, the applicants provided the necessary...
Source-derived case information.
- Citation
- [2016] KEELRC 274 (KLR)
- Parties
- Applicant: Evans Nyaribo; Applicant: Zakayo O. Wasike; Respondent: Peter Onsarigo Kerongosi; Respondent: Anthony Maina Njoroge; Respondent: Wilson Mwangi Wachira
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 12 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review and Transfer of Suit
- Outcome
- application allowed
- Judges
- MSA Makhandia
- Legal Topics
- Transfer of Suit, Review of Court Orders, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Nyaribo
Applicant
Zakayo O. Wasike
Applicant
Peter Onsarigo Kerongosi
Respondent
Anthony Maina Njoroge
Respondent
Wilson Mwangi Wachira
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review and Transfer of Suit
Legal Issues
- 1 Whether the court should review and set aside its order dismissing the application to transfer Nakuru CMCC No. 528 of 2009.
- 2 Whether the pleadings now annexed establish that the dispute falls within the jurisdiction of the Employment and Labour Relations Court.
- 3 Whether the principle of res judicata or lack of authority to swear affidavit bars the application.
Ratio Decidendi
The court found that the initial dismissal of the application to transfer the suit was based on the applicants' failure to annex pleadings from the subordinate court, which prevented the court from determining whether the matter fell within its jurisdiction. Upon review, the applicants provided the necessary pleadings, which established that the dispute was an employment matter. As such, the Employment and Labour Relations Court has exclusive jurisdiction over the dispute. The court held that the new evidence justified review and setting aside of the previous order. The objections based on res judicata and lack of authority to swear the affidavit were not sufficient to bar the...
Court Disposition
application allowed
Orders
- The order of 28 July 2016 dismissing the application to transfer Nakuru CMCC No. 528 of 2009 is reviewed and set aside.
- Nakuru CMCC No. 528 of 2009, Evans Oguku Nyaribo & 6 Ors v Pyrethrum Regulatory Authority, is transferred to the Employment and Labour Relations Court for hearing and determination.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAKURU
MISCELLANEOUS APPLICATION NO. 12 OF 2016
EVANS NYARIBO...............................................1ST APPLICANT
ZAKAYO O. WASIKE.......................................2ND APPLLICANT
PETER ONSARIGO KERONGOSI................3RD RESPONDENT
ANTHONY MAINA NJOROGE......................4TH RESPONDENT
WILSON MWANGI WACHIRA......................5TH RESPONDENT
RULING
1. The applicants in a motion dated 25 October 2016 seeks that the Court reviews/sets aside an order of 28 July 2016 dismissing an application to transfer Nakuru CMCC No. 528 of 2009 from the subordinate Court to this Court for hearing and determination.
2. The Respondent opposes the application and relies on the principle of res judicata and lack of authority on the part of one of the applicants Anthony Maina Njoroge to swear an affidavit in support of the motion without the authority of the other applicants.
3. The application for transfer was dismissed because the applicants had failed to annex copies of the pleadings in the subordinate Court to enable this Court determine whether the cause of action fell within its jurisdiction.
4. This has now been done and the pleadings show that the dispute relates to employment, a jurisdiction now exclusively reserved to the Employment and Labour Relations Court.
5. The Court would therefore review the orders of 28 July 2016 and order that Nakuru CMCC No. 528 of 2009, Evans Oguku Nyaribo & 6 Ors v Pyrethrum Regulatory Authority,be transferred to this Court for hearing and determination.
6. Costs in the Cause.
Delivered, dated and signed in Nakuru on this 11th day of November 2016.
Radido Stephen
Judge
Appearances
For Applicants Ms. Nasimiyu instructed by Saringi Momanyi & Co. Advocates
For Respondent Ms. Yebei instructed by Rodi, Orege & Co. Advocates
Court Assistants Nixon/Daisy