https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2188

Mini Bakeries (Nairobi) Ltd v Ogongo (Miscellaneous Application E067 of 2026) [2026] KEELRC 2188 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2188 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Kisumu Miscellaneous Application E067 of 2026 Nzioki wa Makau, J July 28, 2026 Between Mini Bakeries (Nairobi) Limited Applicant and George Oluoch Ogongo Respondent Ruling 1.The Applicant seeks the transfer of Migori Magistrate Court Employment Cause No. E002 of 2025 - George Oluoch Ogongo v Mini Bakeries (Nairobi) Limited, from Migori CM's Court to Kisumu CM's Court for hearing and determination. The motion is to the effect the Respondent seeks relief against the Applicant who has been sued at Kisumu on cases that arise from the same facts and are pegged on the same investigation. Mr. Mugambi Mutua Counsel for the Applicant argues the judicial time expended will be saved as the parties will not need to regurgitate evidence before different courts. He urges the Court to allow the transfer to permit hearing of the case in one place to save judicial time and resources. 2.The Respondent herein, who is the Claimant before the Magistrate's Court, is opposed. Mr. Tom Mboya the Counsel for the Respondent asserts that the Respondent's claim is distinct as it arose from a specific contract, the place of execution and performance of the contract is Migori, the documents are in Migori and the Respondent resides in Migori. He thus urges the Court declines to allow the transfer. 3.The Applicant in a brief reprise asserts the Rules of this Court permit where a case arises from the same set of facts to have a consolidation. Mr. Mugambi cites Rule 61 of the Employment and Labour Relations Court (Procedure) Rules 2024 in aid. He thus urges the grant of the motion. 4.The Rules of this Court provide for consolidation. In Rule 61, the Rules provide as follows:61.Consolidation of cases.The Court may consolidate suits if it appears that in any number of suits—(a)some common question of fact or law arises; or(b)it is practical and appropriate to proceed with the issues raised in the suits simultaneously.[Emphasis supplied] 5.The key words in the Rule are that there should be some common question of facts or law and that it should be practical and appropriate to proceed with the issues in the cases simultaneously. 6.Granted the Respondent resides in Migori and his choice of forum is the Magistrate's Court at Migori, it would not be practical or appropriate for the case at Migori being Migori Magistrate's Court Employment Cause No. E002 of 2025 - George Oluoch Ogongo v Mini Bakeries (Nairobi) Limited to be transferred to Kisumu merely to accommodate the Applicant. The Respondent may indeed appear online but should there be need for in person follow up, he would have to travel to Kisumu whereas he is resident in Migori County, his contract was served in Migori and the operations of the Respondent were in Migori at the material time. In my considered view, the Respondent's case ought not be transferred to Kisumu for hearing. 7.The final outcome is that the Applicant's motion is not for grant and the application is hereby dismissed, albeit with no order as to costs. The case before the Migori CM's Court being Migori Magistrate's Court Employment Cause No. E002 of 2025 - George Oluoch Ogongo v Mini Bakeries (Nairobi) Limited should proceed to conclusion at Migori.It is so ordered. DATED AND DELIVERED AT KISII THIS 28TH DAY OF JULY 2026NZIOKI wa MAKAU, MCIArb.JUDGE