[2023] KEELRC 496 (KLR)
The court found that it could not conclusively determine whether the doctrine of sub judice applied because the parties had not provided pleadings, proceedings, or orders from CMEL Cause No 2382 of 2019. However, the court noted that the claimant's monthly salary and the nature of the claim made the Chief...
Source-derived case information.
- Citation
- [2023] KEELRC 496 (KLR)
- Parties
- Applicant: Joseph Kamau Kariuki; Respondent: Climax Coaches Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 231 of 2018
- Procedural Posture
- Cause / Ruling on Preliminary Objection
- Outcome
- claim transferred to chief magistrate's court
- Judges
- J Rika
- Legal Topics
- Sub Judice, Unfair Termination, Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kamau Kariuki
Applicant
Climax Coaches Limited
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the doctrine of sub judice applies to bar the current claim.
- 2 Whether the Employment and Labour Relations Court has jurisdiction over the claim given the claimant's salary and the subject matter.
- 3 Whether the representation of the claimant by a non-advocate is proper.
Ratio Decidendi
The court found that it could not conclusively determine whether the doctrine of sub judice applied because the parties had not provided pleadings, proceedings, or orders from CMEL Cause No 2382 of 2019. However, the court noted that the claimant's monthly salary and the nature of the claim made the Chief Magistrate’s Court the appropriate forum for hearing the matter. The court also observed irregularity in the claimant's representation by a non-advocate, but deferred that issue for argument at the appropriate forum. Consequently, the court ordered the transfer of the claim to the Chief Magistrate’s Court Milimani Nairobi for hearing and disposal.
Court Disposition
claim transferred to chief magistrate's court
Orders
- The claim is transferred to the Chief Magistrate’s Court Milimani Nairobi for hearing and disposal.
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Kariuki v Climax Coaches Limited (Cause 231 of 2018) [2023] KEELRC 496 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 496 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 231 of 2018
J Rika, J
February 28, 2023
Between
Joseph Kamau Kariuki
Claimant
and
Climax Coaches Limited
Respondent
Ruling
1. The Respondent has raised preliminary objection on the doctrine of sub judice. It is submitted that the Claimant filed CMEL Cause No 2382 of 2019 against the Respondent, over the same subject matter of unfair termination. The Respondent states that as of today, the Cause in the Chief Magistrate’s Court is actively pending.
2. The Claimant answers that CMEL Cause No 2382 of 2019 was abandoned in March 2021.
3. Unfortunately, the Parties have not availed to this Court the Pleadings, Proceedings or Orders made in CMEL Cause No 2382 of 2019, to enable the Court make an informed decision on whether the Claim is sub judice.
4. The Court has nonetheless noted, that the Claimant herein was earning a monthly salary of Kshs 12,000, and the Claim herein can properly be articulated at the Chief Magistrate’s Court.
5. It is not clear from the record how one Fenus Oronji, who is not an Advocate, has taken over the representation of the Claimant. The Claim was not filed by any trade union, and the Claimant has not pleaded membership of any trade union. This is a matter that the Parties may wish to argue at the appropriate forum, alongside the preliminary objection on sub judice.
IT IS ORDERED: -a.The Claim is transferred to the Chief Magistrate’s Court Milimani Nairobi, for hearing and disposal.b.Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF FEBRUARY 2023. James RikaJudge