[2014] KEHC 8065 (KLR)
The court found that the plaint discloses more than a simple employer/employee dispute, as it raises various constitutional issues. Therefore, the High Court is the appropriate forum for hearing and determining the suit. The judge directed that the matter proceed in the High Court accordingly.
Source-derived case information.
- Citation
- [2014] KEHC 8065 (KLR)
- Parties
- Plaintiff: Lawrence Ndutu & 156 Others; Defendant: Kenya Breweries Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 279 of 2013
- Procedural Posture
- Civil Suit / Directions on Forum and Hearing
- Outcome
- Suit to be heard and determined in the High Court.
- Judges
- DW Mbuteti
- Legal Topics
- Employer Employee Disputes, Constitutional Issues in Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Ndutu & 156 Others
Plaintiff
Kenya Breweries Ltd
Defendant
Procedural Posture
Civil Suit / Directions on Forum and Hearing
Legal Issues
- 1 Whether the dispute is limited to an employer/employee matter or raises constitutional issues.
- 2 Whether the High Court is the appropriate forum for hearing and determination.
Ratio Decidendi
The court found that the plaint discloses more than a simple employer/employee dispute, as it raises various constitutional issues. Therefore, the High Court is the appropriate forum for hearing and determining the suit. The judge directed that the matter proceed in the High Court accordingly.
Court Disposition
Suit to be heard and determined in the High Court.
Orders
- The suit shall be heard and determined in the High Court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL SUIT NO 279 OF 2003
LAWRENCE NDUTU & 156 OTHERS….........................PLAINTIFFS
VERSUS
KENYA BREWERIES LTD…………..………...….……..DEFENDANT
DIRECTIONS
1. I have perused the pleadings in this suit. The plaint discloses more than a simple employer/employee dispute. There are various constitutional issues raised. It is best that the suit be heard and determined in this court. I so direct.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF JUNE 2014
H.P.G. WAWERU
JUDGE
DELIVERED THIS 9TH DAY OF JULY 2014