[2024] KEELRC 2168 (KLR)
The court determined that the Employment and Labour Relations Court at Nairobi is not the appropriate forum for hearing the dispute, as the facts and parties are primarily connected to Mombasa, where the Kenya Navy base and the claimant's employment were located. The court emphasized the need to avoid overburdening...
Source-derived case information.
- Citation
- [2024] KEELRC 2168 (KLR)
- Parties
- Applicant: Samson Chege Muhia; Respondent: Commander, Kenya Navy
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E635 of 2023
- Procedural Posture
- Cause / Ruling on Preliminary Objection and Transfer of Suit
- Outcome
- Claim transferred to Employment and Labour Relations Court, Mombasa.
- Judges
- J Rika
- Legal Topics
- Limitation of Actions, Disability Rights, Jurisdiction, Transfer of Suit
- 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
Samson Chege Muhia
Applicant
Commander, Kenya Navy
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection and Transfer of Suit
Legal Issues
- 1 Whether the Employment and Labour Relations Court at Nairobi has jurisdiction to hear the claim given the geographical connection to Mombasa.
- 2 Whether the claim is time-barred under the Public Authorities Limitations Act, Cap 39.
- 3 Whether the claimant is entitled to recognition as a person living with disability, reinstatement, and back pay.
Ratio Decidendi
The court determined that the Employment and Labour Relations Court at Nairobi is not the appropriate forum for hearing the dispute, as the facts and parties are primarily connected to Mombasa, where the Kenya Navy base and the claimant's employment were located. The court emphasized the need to avoid overburdening the Nairobi station with matters originating from other jurisdictions and held that the claim, including the preliminary objection on limitation, should be heard and determined at the Mombasa court. Accordingly, the matter was transferred to the Employment and Labour Relations Court, Mombasa, for further proceedings.
Court Disposition
Claim transferred to Employment and Labour Relations Court, Mombasa.
Orders
- The claim is transferred to Employment and Labour Relations Court, Mombasa.
- Mention date to be obtained before any Hon. Judge at Mombasa.
Full Case Text
Judgment text and source record
28 paragraphs
Muhia v Commander, Kenya Navy (Cause E635 of 2023) [2024] KEELRC 2168 (KLR) (30 August 2024) (Ruling)
Neutral citation: [2024] KEELRC 2168 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E635 of 2023
J Rika, J
August 30, 2024
Between
Samson Chege Muhia
Claimant
and
Commander, Kenya Navy
Respondent
Ruling
1. The Claimant filed his Statement of Claim, dated 7th August 2023.
2. He states that he worked for the Kenya Navy as a Vehicle Mechanic, between 24th April 1984 and 30th June 2019.
3. He states that he unwillingly resigned from employment.
4. He pleads that he is a Person Living With Disability [PLWD], and that the Court should compel the Respondent to: recognize him as such; re-enlist [reinstate] him to work; and grant him back salaries and allowances.
5. The Respondent filed a Notice of Preliminary Objection, dated 23rd January 2024. Its position is that the Claim is time-barred, pursuant to Sections 3[2] and 3[3] of the Public Authorities Limitations Act, Cap 39 the Laws of Kenya.
6. The Parties agreed to have the Preliminary Objection considered on the strength of their Pleadings, Documents and Submissions.
7. They confirmed filing and exchange of Submissions, at the last mention, on 10th July 2024.
8. The Claimant, who acts in person, was advised by the Court, to supply his e-mail address to the Court, for ease of e-proceedings.
The Court Finds: - 9. The Navy Commander and his Base, are located at the beautiful coastal City of Mombasa. The Claimant mainly worked at the Base in Mtongwe, in Mombasa.
10. Facts relevant to the hearing and determination of the dispute, as disclosed in the Pleadings and Documents filed by the Claimant, mainly revolve around the Base at Mtongwe, Mombasa.
11. The Court Station, closest connected with his dispute, is the Employment and Labour Relations, Mombasa.
12. The Court Station in Nairobi, is congested. It is not prudent to saddle this Station with Claims, that have their origins in other geographical jurisdictions.
13. The Preliminary Objection and indeed the whole Claim, if the whole Claim survives the Preliminary Objection, should be heard and decided at the Employment and Labour Relations Court, Mombasa.IT IS ORDERED:-a.The Claim is transferred to E&LRC Mombasa.b.Mention date to be obtained before any Hon. Judge at Mombasa.c.Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, UNDER PRACTICE DIRECTION 6 [2] OF THE ELECTRONIC CASE MANAGEMENT PRACTICE DIRECTIONS, 2020, THIS 30TH DAY OF AUGUST 2024. JAMES RIKAJUDGE