[2023] KEELRC 2554 (KLR)
The court found that there was no employment relationship between the claimant and any of the respondents as disclosed in the pleadings. As such, the Employment and Labour Relations Court lacked jurisdiction to entertain the claim or the interlocutory application. The court's jurisdiction is strictly limited to...
Source-derived case information.
- Citation
- [2023] KEELRC 2554 (KLR)
- Parties
- Applicant: Juma Hemedi Mwaniki; Respondent: David Kuria; Respondent: Moses Kuria; Respondent: Thika Water and Sewerage Company Ltd; Respondent: Water, Environment, Energy & Natural Resources - County Government of Kiambu; Respondent: State Law Office
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E149 of 2023
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection to Jurisdiction
- Outcome
- claim and notice of motion struck out for want of jurisdiction
- Judges
- L Ndolo
- Legal Topics
- Jurisdiction of Elrc, Employment Relationship Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Hemedi Mwaniki
Applicant
David Kuria
Respondent
Moses Kuria
Respondent
Thika Water and Sewerage Company Ltd
Respondent
Water, Environment, Energy & Natural Resources - County Government of Kiambu
Respondent
State Law Office
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection to Jurisdiction
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear the claim in the absence of an employment relationship between the parties.
- 2 Whether the pleadings disclose an employment relationship as required under Article 162(2)(a) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act.
Ratio Decidendi
The court found that there was no employment relationship between the claimant and any of the respondents as disclosed in the pleadings. As such, the Employment and Labour Relations Court lacked jurisdiction to entertain the claim or the interlocutory application. The court's jurisdiction is strictly limited to disputes arising out of employment and labour relations as set out in the Constitution and the Employment and Labour Relations Court Act. Since the threshold of an employment relationship was not met, the claim and the notice of motion were struck out for want of jurisdiction.
Court Disposition
claim and notice of motion struck out for want of jurisdiction
Orders
- The claim and Notice of Motion filed on 23rd February 2023 are struck out.
- Each party will bear their own costs.
Full Case Text
Judgment text and source record
32 paragraphs
Mwaniki v Kuria & 4 others (Cause E149 of 2023) [2023] KEELRC 2554 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEELRC 2554 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E149 of 2023
L Ndolo, J
October 19, 2023
Between
Juma Hemedi Mwaniki
Claimant
and
David Kuria
1st Respondent
Moses Kuria
2nd Respondent
Thika Water and Sewerage Company Ltd
3rd Respondent
Water, Environme nt, Energy & Natural Resources - County Government of Kiambu
4th Respondent
State Law Office
5th Respondent
Ruling
1. On 23rd February 2023, the Claimant filed a Statement of Claim and a Notice of Motion under Certificate of Urgency, seeking an order of injunction, restraining the Respondents from interfering with the Claimant’s position in Thika Water and Sewerage Company Ltd.
2. Subsequently, the 1st, 2nd,3rd and 4th Respondents raised a Preliminary Objection by notice dated 23rd March 2023, challenging the jurisdiction of this Court to entertain both the claim and the Notice of Motion.
3. The parties were directed to file submissions on the Preliminary Objection but only the Respondents complied.
4. The Employment and Labour Relations Court is established as a specialised Court under Article 162(2)(a) of the Constitution which provides that:(2)Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to-a.employment and labour relations; andb.…
5. Pursuant to this constitutional edict, Parliament enacted the Employment and Labour Relations Court Act, which at Section 12(1) sets out the jurisdiction of the Court as follows:12. Jurisdiction of the Court(1)The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including-a.disputes relating to or arising out of employment between an employer and an employee;b.disputes between an employer and a trade union;c.disputes between an employer’s organisation and a trade union’s organisation;d.disputes between trade unions;e.disputes between employer organisations;f.disputes between am employers’ organisation and a trade union;g.disputes between a trade union and a member thereof;h.disputes between an employer’s organisation or a federation and a member thereof;i.disputes concerning the registration and election of trade union officials; andj.disputes relating to the registration and enforcement of collective agreements.
6. Looking at the Claimant’s pleadings as filed in court, there is no employment relationship between the Claimant and any of the Respondents. For this reason, this Court has no jurisdiction to entertain either the claim or the interlocutory application.
7. Consequently, both the claim and Notice of Motion filed on 23rd February 2023 are struck out.
8. Each party will bear their own costs.
9. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 19THDAY OF OCTOBER 2023LINNET NDOLOJUDGEAppearance:Mr. Njagi for the ClaimantMr. OKeyo for the 1st – 4th RespondentsNo appearance for the 5th Respondent