[2025] KEELRC 494 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to enforce or revisit a pension entitlement already determined by the High Court in HCCC 714/2000. The director of pensions' report cannot override the binding judgment of the High Court, and any challenge to that judgment should be pursued through appeal...
Source-derived case information.
- Citation
- [2025] KEELRC 494 (KLR)
- Parties
- Applicant: Cosmas Nzau; Applicant: Stanley Munene; Respondent: The Hon Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E836 of 2021
- Procedural Posture
- Employment and Labour Cause / Ruling on Jurisdiction
- Outcome
- Claim dismissed for want of jurisdiction.
- Judges
- HS Wasilwa
- Legal Topics
- Pension Entitlement, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Nzau
Applicant
Stanley Munene
Applicant
The Hon Attorney General
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Jurisdiction
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to determine the claimant's pension entitlement claim.
- 2 Whether the report of the director of pensions can override a previous High Court judgment on pension entitlement.
Ratio Decidendi
The Employment and Labour Relations Court lacks jurisdiction to enforce or revisit a pension entitlement already determined by the High Court in HCCC 714/2000. The director of pensions' report cannot override the binding judgment of the High Court, and any challenge to that judgment should be pursued through appeal or review in the appropriate forum. Accordingly, the court declines to issue further directions and advises the claimants to seek enforcement before the High Court.
Court Disposition
Claim dismissed for want of jurisdiction.
Orders
- The court declines jurisdiction and gives no further directions.
- Claimants are advised to proceed before the High Court for enforcement of their dues.
Full Case Text
Judgment text and source record
20 paragraphs
Nzau & another v Attorney General (Employment and Labour Relations Cause E836 of 2021) [2025] KEELRC 494 (KLR) (18 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 494 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E836 of 2021
HS Wasilwa, J
February 18, 2025
Between
Cosmas Nzau
1st Claimant
Stanley Munene
2nd Claimant
and
The Hon Attorney General
Respondent
Ruling
1. I have considered the report of the director of pensions filed herein and even the previous judgment of the High court in HCCC 714/2000 which found that the claimant was entitled to his pension (see paragraph 47 of the judgment).
2. In view of this, the report of the director seeks to find fault with the High court decision without necessary appealing the same.
3. In the circumstances, and the hon Judge Mwaure having found this court lacks jurisdiction to handle this claim, I down my tools and give no further directions save to advise the claimants to proceed before the high court for his dues.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 18TH DAY OF FEBRUARY, 2025. HELLEN WASILWAJUDGE