https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1846
The preliminary objection failed because the appeals had already been transferred, received, and registered in the Employment and Labour Relations Court; any complaint about the High Court's jurisdiction to transfer them should have been raised before that court or on appeal, not by inviting the receiving court to...
Source-derived case information.
- Citation
- [2026] KEELRC 1846 (KLR)
- Parties
- Appellant: Maheee Flowers Limited; Respondent: Ruth Macharia
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Appeal E062 of 2025
- Procedural Posture
- Employment and Labour Relations Court Appeal Arising From a Work Injury Claim / Ruling on Preliminary Objection
- Outcome
- Preliminary objection declined
- Judges
- ["J Rika"]
- Legal Topics
- Work Injury Claims, Jurisdiction, Transfer of Proceedings, Preliminary Objection, Procedural Technicalities, Review/sitting on Appeal Over Transfer Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maheee Flowers Limited
Appellant
Ruth Macharia
Respondent
Procedural Posture
Employment and Labour Relations Court Appeal Arising From a Work Injury Claim / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Employment and Labour Relations Court could entertain an appeal transferred from the High Court in a work injury matter
- 2 Whether the High Court's transfer order could be revisited by the Employment and Labour Relations Court
- 3 Whether the preliminary objection should be upheld
Ratio Decidendi
The preliminary objection failed because the appeals had already been transferred, received, and registered in the Employment and Labour Relations Court; any complaint about the High Court's jurisdiction to transfer them should have been raised before that court or on appeal, not by inviting the receiving court to review or sit on appeal over the transfer orders. The court therefore treated itself as properly seized of the appeals and directed them to be heard.
Court Disposition
Preliminary objection declined
Orders
- The preliminary objection is declined.
- The ruling shall apply in Appeal No. E061 of 2025, Mahee Flowers Limited v. Dorcas Wambui Mungai.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE EMPLOYMENT AND LABOUR** **RELATIONS COURT AT NAKURU** **APPEAL NO. E062 OF 2025** **BETWEEEN** MAHEEE FLOWERS LIMITED ...............................................................APPELLANT **AND** RUTH MACHARIA .............................................................................RESPONDENT **RULING** 1. This Appeal was wrongly filed at the High Court in Nyandarua County, as H.C.C.A No. EO10 of 2025. 2. The Appeal originates from a work injury claim, which was heard and determined at the Senior Resident Magistrate’s Court, Engineer. 3. The High Court corrected the error, by giving an order of transfer to the E&LRC Nakuru, on 9th October 2025. 4. The Appeal was received by the E&LRC on 21st October 2025, and assigned registration, Appeal No. E062 of 2025. 5. The Respondent has filed a Notice of Preliminary Objection dated 29th June 2026, which is the subject matter of the Ruling today. 6. It is argued for the Respondent that the High Court does not have jurisdiction in work injury matters, and did not therefore have jurisdiction, to transfer the Appeal. 7. The Appellant replies that Article 159 [2] [d] of the Constitution mandates the Courts to hear and determine matters without undue regard to procedural technicalities. The Respondent is not prejudiced by the transfer. Transfer to the proper jurisdiction is an administrative matter. 8. Parties agreed to have the objection considered and determined on the strength of their submissions. **The Court Finds**: - 1. The record indicates that transfer affected another Appeal at Nakuru, **E&LRC, Appeal No. E061 of 2025, Mahee Flowers Limited v. Dorcas Wambui** **Macharia.** 2. It was recorded on 25th February 2026, that the orders in Appeal No. E062 of 2025, would apply to Appeal No. E061 of 2025. 3. The orders of transfer, whether judicial or administrative, issued by the High Court at Nyandarua, do not appear to have been challenged on appeal, by the Respondent. 4. The orders were executed, the Appeals transferred, received and registered at the E&LRC Nakuru. 5. Any issues the Respondent had, on the jurisdiction of the High Court to transfer the Appeal, ought to have been argued at the High Court. 6. Once the orders for transfer were made, the E&LRC cannot revisit the applications and rulings for transfer, made at the High Court. 7. What the Respondent is asking the E&LRC to do, is review or sit on appeal, on orders that were issued by the High Court. 8. The only concern of this Court is whether it has jurisdiction on the Appeals before it. Parties agree the Appeals are in the proper jurisdiction. They should have the Appeals prosecuted and finalized. If there are questions to be asked about the orders of transfer, they should be addressed to the High Court or the Court of Appeal. **IT IS ORDERED**: - 1. **The preliminary objection is declined.** 2. **The ruling shall apply in Appeal No.E061 of 2025, Mahee Flowers Limited v. Dorcas Wambui Mungai.** 3. **The Appeals shall be scheduled for hearing.** 4. **No order on the costs.** Dated, signed and delivered electronically at Nakuru, under Rule 68[5] of the E&LRC [Procedure] Rules, 2024, this 30th day of June 2026. James Rika Judge 