[2016] KEELRC 1585 (KLR)
The Court found that the preliminary objection filed by the Attorney General had not been prosecuted and its continued pendency was contrary to the objectives of the Employment and Labour Relations Court, which is to ensure expeditious resolution of employment disputes. The Court emphasized that preliminary...
Source-derived case information.
- Citation
- [2016] KEELRC 1585 (KLR)
- Parties
- Claimant: Michael Njoroge; Respondent: Barclays Bank Ltd; Respondent: Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 637 of 2014
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection Regarding Jurisdiction
- Outcome
- preliminary objection dismissed
- Judges
- MSA Makhandia
- Legal Topics
- Jurisdiction of Court, Malicious Prosecution Claims, Special Damages, Preliminary Objection Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Njoroge
Claimant
Barclays Bank Ltd
Respondent
Attorney General
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection Regarding Jurisdiction
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to entertain claims for damages for malicious prosecution within an employment dispute.
- 2 Whether the preliminary objection filed by the Attorney General should be dismissed for want of prosecution.
Ratio Decidendi
The Court found that the preliminary objection filed by the Attorney General had not been prosecuted and its continued pendency was contrary to the objectives of the Employment and Labour Relations Court, which is to ensure expeditious resolution of employment disputes. The Court emphasized that preliminary objections should not be left unresolved for extended periods as this causes unnecessary delay in the determination of the substantive dispute. Consequently, the Court dismissed the preliminary objection and directed the parties to take steps to prepare the matter for hearing on the merits.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection by the Attorney General is dismissed.
- Parties are directed to file witness statements, any further documents, and agreed issues before 1 April 2016 to enable the Cause to be fixed for hearing on the merits.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 637 OF 2014
MICHAEL NJOROGE............................................ CLAIMANT
v
BARCLAYS BANK LTD..................................1ST RESPONDENT
ATTORNEY GENERAL....................................2ND RESPONDENT
RULING
The Hon. Attorney General filed a Notice of Preliminary Objection on 3 March 2015 disputing the Court’s jurisdiction to entertain the aspect of the Claimant’s cause of action relating to damages for malicious prosecution and special damages for advocates costs incurred during the criminal trial of the Claimant.
On 21 January 2016, the Court was informed about the preliminary objection, and in the presence of Mr. Mbaka, it directed that the objection be taken on 11 February 2016.
However, the 2nd Respondent was not represented when the objection was called out for arguments and Mr. Githui for the Claimant sought that it be dismissed.
The filing of objections in Causes and keeping them in abeyance without prosecution is antithetical to the objective of the establishment of this Court to ensure expeditious determination of disputes.
The longer an objection stays pending, the more delay is caused to the determination of a Cause on the merits. Employment disputes by their nature should not be in the Court’s docket for nearly a year, and more so preliminary objections.
The Court therefore dismisses the objection by the Hon. Attorney General.
The parties are directed to file witness statements, any further documents and agreed issues before 1 April 2016, to enable the Cause to be fixed for hearing on the merits.
Delivered, dated and signed in Nakuru on this 11th day of March 2016.
Radido Stephen
Judge
Appearances
For Claimant Mr. Githui instructed by Githui & Co. Advocates
For 1st Respondent Mr. Molenje, Legal Manager, Federation of Kenya Employers
For 2nd Respondent Mr. Mbaka, Litigation Counsel, Office of the Attorney General
Court Assistant Nixon