[2021] KEELRC 917 (KLR)

[2021] KEELRC 917 (KLR)

The court found that there was no basis for transferring the suit to the Employment and Labour Relations Court because the issues raised in the claim are suitable for determination by the Magistrates Court. Furthermore, the application did not disclose any constitutional issues that would warrant the intervention of...

Source-derived case information.

Citation
[2021] KEELRC 917 (KLR)
Parties
Applicant: Joan Lilly Wanjiru Njagi; Respondent: The Registered Trustees of Jesse Kay Children’s Hospital
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Miscellaneous Case E143 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
AN Makau
Legal Topics
Jurisdiction of Court, Transfer of Suit
Source Language
en
Employment and Labour Jurisdiction of Court Transfer of Suit

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Parties

Joan Lilly Wanjiru Njagi

Applicant

The Registered Trustees of Jesse Kay Children’s Hospital

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether there is a basis for transfer of the suit to the Employment and Labour Relations Court.
  2. 2 Whether the issues raised in the claim are fit for determination by the Magistrates Court.
  3. 3 Whether any constitutional issues are disclosed.

Ratio Decidendi

The court found that there was no basis for transferring the suit to the Employment and Labour Relations Court because the issues raised in the claim are suitable for determination by the Magistrates Court. Furthermore, the application did not disclose any constitutional issues that would warrant the intervention of the superior court. As such, the application for transfer was dismissed.

Court Disposition

application dismissed

Orders

  • Application for transfer is dismissed.
  • No order as to costs.