[2018] KEELRC 2403 (KLR)
The court found that the contract between the parties expressly required disputes arising out of or relating to the contract, including termination, to be referred first to the Dispute Resolution Tribunal of the Kenya Premier League. The claimant failed to provide documentary evidence that he had referred the...
Source-derived case information.
- Citation
- [2018] KEELRC 2403 (KLR)
- Parties
- Claimant: Luke Ochieng Owino; Respondent: Gor Mahia F.C.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 660 of 2017
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- cause stayed pending exhaustion of dispute resolution mechanisms
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Contractual Dispute Resolution, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Ochieng Owino
Claimant
Gor Mahia F.C.
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear the dispute before exhaustion of the contractually agreed dispute resolution mechanisms.
- 2 Whether the claimant had exhausted the dispute resolution mechanisms provided under the Kenya Premier League Contract of Employment for Footballers.
Ratio Decidendi
The court found that the contract between the parties expressly required disputes arising out of or relating to the contract, including termination, to be referred first to the Dispute Resolution Tribunal of the Kenya Premier League. The claimant failed to provide documentary evidence that he had referred the dispute to the appropriate body or exhausted the agreed mechanisms. Therefore, the court held that it lacked jurisdiction to entertain the matter until the claimant had complied with the dispute resolution procedure stipulated in the contract. The proceedings were stayed pending exhaustion of those mechanisms.
Court Disposition
cause stayed pending exhaustion of dispute resolution mechanisms
Orders
- This cause is stayed pending exhaustion of the dispute resolution mechanisms mutually agreed by the parties.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 660 OF 2017
LUKE OCHIENG OWINO CLAIMANT
v
GOR MAHIA F.C. RESPONDENT
RULING
1. Luke Ochieng Owino (Claimant) instituted legal proceedings against Gor Mahia F.C. (Respondent) on 7 April 2017 and he stated the Issue in Dispute as Respondent’s unlawful /unfair termination to the Claimant.
2. On 23 May 2017, the Respondent filed a Notice of Preliminary Objection on the following terms
TAKE NOTICE that at the hearing of the statement of Claim dated 3rd April 2017 the Respondent’’s counsel shall raise the following Preliminary Objection seeking reference of this Claim to the Dispute Resolutions Tribunal of the Kenya Premier League on the following grounds;
a) THAT pursuant to Clause 22 of the Kenya Premier League Contract of Employment for Footballers and in accordance with the Kenya Premier League Rules, all disputes arising out of or relating to the contract including the termination or consequences of termination thereof shall be referred to the Dispute Resolution Tribunal of the Kenya Premier League.
b) THATthis Honourable Court therefore lacks jurisdiction to hear and determine the matter and consequently the suit is unsuitable and must be struck out.
3. The Claimant filed a replying affidavit in opposition to the Preliminary Objection on 28 February 2018 and the Court took arguments on 1 March 2018.
4. In terms of clause 22 of the Contract of Employment for Footballers which was annexed to the Statement of Claim, the first port of call in disputes arising out of or relating to the contract is arbitration in terms of rules put in place by the Kenya Premier League.
5. Although the Claimant asserted in the replying affidavit that he had visited the offices of the Kenya Premier League severally, he did not produce any documentary proof that he had referred the dispute to the appropriate body.
6. The Claimant did not even disclose the dates of the visits and the officers who attended to him.
7. The Court is satisfied that the Claimant ought to exhaust the contractually agreed dispute resolution mechanisms before the Court can be legally seised with the cause.
8. This Cause is therefore stayed pending exhaustion of the dispute resolution mechanisms mutually agreed by the parties.
Delivered, dated and signed in Nairobi on this 2nd day of March 2018.
Radido Stephen
Judge
Appearances
For Claimant Mr. Kimathi instructed by Odhiambo Ogutu & Co. Advocates
For Respondent Mr. Ngoroma instructed by Rachier & Amollo, Advocates
Court Assistant Lindsey