[2023] KEELRC 494 (KLR)
The court found that the respondent's application to amend her statement of response should be allowed to facilitate a fair hearing and determination of the dispute. The court also determined that, given the claimant's monthly salary of Kshs 15,000, the monetary value of the claim fell within the jurisdiction of the...
Source-derived case information.
- Citation
- [2023] KEELRC 494 (KLR)
- Parties
- Applicant: Regina Nundu Nthekani; Respondent: Rasmita Shah
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 127 of 2018
- Procedural Posture
- Employment Cause / Ruling on Application to Amend Statement of Response and Transfer of Claim
- Outcome
- Application allowed; claim transferred to chief magistrate's court; costs in the cause.
- Judges
- J Rika
- Legal Topics
- Domestic Worker Rights, Amendment of Pleadings, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Nundu Nthekani
Applicant
Rasmita Shah
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Amend Statement of Response and Transfer of Claim
Legal Issues
- 1 Whether the respondent should be granted leave to amend her statement of response.
- 2 Whether the claim should be transferred to the chief magistrate's court due to jurisdiction based on the claimant's salary.
Ratio Decidendi
The court found that the respondent's application to amend her statement of response should be allowed to facilitate a fair hearing and determination of the dispute. The court also determined that, given the claimant's monthly salary of Kshs 15,000, the monetary value of the claim fell within the jurisdiction of the chief magistrate's court. To avoid further delay and ensure expeditious disposal of the matter, the court ordered the transfer of the claim to the chief magistrate's court at Milimani, Nairobi. Costs were ordered to be in the cause.
Court Disposition
Application allowed; claim transferred to chief magistrate's court; costs in the cause.
Orders
- The respondent's application to amend the statement of response is allowed.
- The claim is transferred to the chief magistrate's Milimani at Nairobi for hearing and disposal.
Full Case Text
Judgment text and source record
22 paragraphs
Nthekani v Shah (Employment and Labour Relations Cause 127 of 2018) [2023] KEELRC 494 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 494 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 127 of 2018
J Rika, J
February 28, 2023
Between
Regina Nundu Nthekani
Claimant
and
Rasmita Shah
Respondent
Ruling
1. Parties to this claim appear bogged down in applications which are not helpful to the expeditious administration of justice.
2. The claim was filed 5 years ago, and is brought by a former domestic help, against the respondent, her former employer. It is not a claim that should take more than 5 years to conclude.
3. The claimant filed her amended claim on April 9, 2019. The respondent filed an application dated April 18, 2019, asking the court to strike out the amended claim.
4. The application was rejected on July 19, 2019. The respondent waited until October 3, 2022, to seek leave to amend her own statement of response.
5. To avoid further wastage of time, the application by the respondent is allowed.
6. It is also noted that the claimant worked as the respondent’s domestic help, earning a monthly salary of Kshs 15,000. This is within the jurisdiction of the chief magistrate’s court. The claim can suitably be heard without further delay, before the chief magistrate’s court.
It is ordered: -a.The application by the respondent seeking to amend the statement of response is allowed.b.The claim is transferred to the chief magistrate’s Milimani at Nairobi for hearing and disposal.c.Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF FEBRUARY 2023. JAMES RIKAJUDGE