[2024] KEELRC 89 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to grant conservatory orders restraining state agencies such as the Directorate of Criminal Investigations, the Inspector-General of Police, and the Director of Public Prosecutions from summoning, arraigning, or prosecuting the claimant. The orders sought...
Source-derived case information.
- Citation
- [2024] KEELRC 89 (KLR)
- Parties
- Applicant: Raymond Kiptoo Kirui; Respondent: Access Bank [Kenya] Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E893 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application declined for want of jurisdiction
- Judges
- J Rika
- Legal Topics
- Jurisdiction of Court, Conservatory Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Kiptoo Kirui
Applicant
Access Bank [Kenya] Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to grant conservatory orders restraining state agencies from summoning, arraigning, or prosecuting the claimant.
- 2 Whether the orders sought by the claimant fall within the employment and labour relations mandate.
Ratio Decidendi
The Employment and Labour Relations Court lacks jurisdiction to grant conservatory orders restraining state agencies such as the Directorate of Criminal Investigations, the Inspector-General of Police, and the Director of Public Prosecutions from summoning, arraigning, or prosecuting the claimant. The orders sought by the claimant pertain to criminal law and constitutional rights, which fall outside the employment and labour relations mandate of this court. The claimant should file a petition in the appropriate court with jurisdiction over such matters. Accordingly, the application is declined for want of jurisdiction.
Court Disposition
application declined for want of jurisdiction
Orders
- The orders sought by the claimant through his application dated 30th January 2024 are not within the jurisdiction of the Employment & Labour Relations Court.
- The application is declined for want of jurisdiction.
Full Case Text
Judgment text and source record
21 paragraphs
Kirui v Access Bank [Kenya] Limited (Cause E893 of 2023) [2024] KEELRC 89 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEELRC 89 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E893 of 2023
J Rika, J
January 31, 2024
Between
Raymond Kiptoo Kirui
Claimant
and
Access Bank [Kenya] Limited
Respondent
Ruling
1. The Claimant applies for conservatory orders, through his Application filed under Certificate of Urgency, dated 30th January 2024.
2. The orders sought are directed against the Respondent, the Directorate of Criminal Investigations-Banking Fraud, the Inspector- General of Police and the Director of Public Prosecutions.
3. The Claimant prays the Court, to have the said agencies restrained from summoning, arraigning and / or prosecuting him, or in any way interfering with his liberty.
4. It is not in the mandate of this Court to issue the orders sought. The Claimant ought to file a Petition, against the said state agencies, in the right jurisdiction. The orders sought are beyond the employment and labour relations jurisdiction.It Is Ordered: -
5. a.The orders sought by the Claimant, through his application dated 30th January 2024, are not within the jurisdiction of the Employment & Labour Relations Court.
6. b.The Application is declined for want of jurisdiction.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, THIS 31ST DAY OF JANUARY 2024. James RikaJudge