[2022] KEELRC 13017 (KLR)
The court found that although the Employment and Labour Relations Court at Nairobi has nationwide jurisdiction, the cause of action arose in Homa Bay County, which falls under the Kisumu court's jurisdiction. The dispute centers on the transfer of the Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP),...
Source-derived case information.
- Citation
- [2022] KEELRC 13017 (KLR)
- Parties
- Applicant: Sylvia Akoth Ogonda & 26 others; Respondent: Attorney General; Respondent: Cabinet Secretary, Ministry of East African Community (EAC) & Regional Development; Respondent: Lake Basin Development Authority; Respondent: Public Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E141 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer granted.
- Judges
- MN Nduma
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Consolidation of Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvia Akoth Ogonda & 26 others
Applicant
Attorney General
Respondent
Cabinet Secretary, Ministry of East African Community (EAC) & Regional Development
Respondent
Lake Basin Development Authority
Respondent
Public Service Commission
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Employment and Labour Relations Court at Nairobi has jurisdiction to hear the matter or if it should be transferred to Kisumu.
- 2 Whether there is justifiable cause to transfer the petition to Kisumu for possible consolidation with a related matter.
- 3 Whether the risk of contradictory decisions between courts warrants transfer.
Ratio Decidendi
The court found that although the Employment and Labour Relations Court at Nairobi has nationwide jurisdiction, the cause of action arose in Homa Bay County, which falls under the Kisumu court's jurisdiction. The dispute centers on the transfer of the Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP), domiciled in Homa Bay, to the Lake Basin Development Authority, whose operations are in the Nyanza and Western regions. The court determined that the Kisumu court is best placed to handle the matter, especially given the existence of a related petition (Judicial Review E003/2021) pending in Kisumu. The risk of contradictory decisions and the need for possible consolidation justified...
Court Disposition
Application for transfer granted.
Orders
- This petition is transferred to Kisumu Employment and Labour Relations Court with immediate effect.
- The Deputy Registrar Nairobi to action the transfer and notify the parties accordingly.
Full Case Text
Judgment text and source record
85 paragraphs
Ogonda & 26 others v Attorney General & 3 others (Petition E141 of 2021) [2022] KEELRC 13017 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 13017 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E141 of 2021
MN Nduma, J
October 27, 2022
IN THE MATTER OF ARTICLES 22(1) AND 3 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLES 2(1), 391), 19, 20, 27, 28 AND 41 OF THE CONSTITUTION AND IN THE MATTER OF THE PUBLIC SERVICE COMMISSION ACT NO. 10 OF 2017
Between
Sylvia Akoth Ogonda
1st Claimant
Wesley Kiprono Cheruiyot
2nd Claimant
Naomi Cheplangat Langat
3rd Claimant
Jephiner Ngasura
4th Claimant
Janet Akumu Ojwang’
5th Claimant
Ronald Kipkemoi Bett
6th Claimant
Job Kemboy
7th Claimant
Ruth Anyango Omollo
8th Claimant
Eric Oduor Okech
9th Claimant
Olivia Atieno Owino
10th Claimant
Jacob Rachuonyo
11th Claimant
Sabania Kitur
12th Claimant
Sammy Kipkoech Ngetich
13th Claimant
John Robert Owuour
14th Claimant
Ruth Anyango Okoto
15th Claimant
Henry K Tonui
16th Claimant
Lawrence Pketich Oyugi
17th Claimant
Irine Awuor
18th Claimant
Benard Kiplangat Rono
19th Claimant
Japheth Onyango Ogogo
20th Claimant
Dickson Ouma Odundo
21st Claimant
Bernard Juma Nyarem Odero
22nd Claimant
Bernard Odiwuor Odongo
23rd Claimant
Jack Olonga’
24th Claimant
Harriet Natecho
25th Claimant
Bernard W Odhiambo
26th Claimant
Evance Ochieng Olewe
27th Claimant
and
Attorney General
1st Respondent
Cabinet Secretary, Ministry of East African Community (EAC) & Regional Development
2nd Respondent
Lake Basin Development Authority
3rd Respondent
Public Service Commission
4th Respondent
Ruling
1. The 3rd respondent by an application dated March 3, 2022 prays that this suit be transferred from Employment and Labour Relations Court Nairobi to Employment and Labour Relations Court Kisumu on the grounds that the cause of action arose in Homa Bay County which falls under the jurisdiction of Employment and Labour Relations Court, Kisumu and not Nairobi. That the suit needs to be consolidated with Petition E003/2021 presently pending at Kisumu Employment and Labour Relations Court. That the two matters are similar and there is a risk of the two Courts giving contradictory orders.
2. The application is opposed vide a replying affidavit dated April 1, 2022 in which is deposed that the petitioners and the 1st, 2nd and 4th respondents are domiciled in Nairobi. That only the 3rd respondent is out of Nairobi.
3. That the Employment and Labour Relations Court Nairobi, has nationwide jurisdiction just as the Kisumu Court. That it is fair and just to have the matter heard and determined at Nairobi. That no justifiable cause to transfer matter to Kisumu has been disclosed. That it has not been demonstrated that undue hardship will be occasioned to the 3rd respondent if the matter proceeds at Nairobi. That transfer will only cause further delay since parties have filed their responses to the petition.
4. That Employment and Labour Relations Court Judicial Review No. E003 of 2021 based at Kisumu is different from this matter and the two matters may proceed separately.
5. The applicant in reply states that the transfer would allow proper management of the two matters before Court. That the two cases have common issues in that the transfer of the funds sought include salaries claimed by the applicants in this suit.
6. Having considered the depositions and the submissions by the parties, the Court is satisfied that the petitioner herein worked for Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP) which project is domiciled at Home Bay.
7. That the dispute revolves around the intended transfer of Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP) to the 4th Respondent, Lake Basin Development Authority, whose sphere of operation is the Lake Victoria Basin in the Nyanza and Western Regions of Kenya.
8. The Court is satisfied that the suit is best handled by Employment and Labour Relations Court Kisumu for the said reasons and for the Employment and Labour Relations Court Kisumu to consider whether it is appropriate to consolidate this petition and Judicial Review E003 of 2021.
9. There is a danger of having contradictory decisions by the two Courts if this Court proceeds to determine this matter at Nairobi, without having considered whether or not both suits ought to be dealt with together.
10. The reasons above constitute justifiable cause to have this matter to be transferred to Kisumu Employment and Labour Relations Court.
11. The application is therefore granted and this petition is transferred to Kisumu Employment and Labour Relations Court with immediate effect. The Deputy Registrar Nairobi to action the transfer and notify the parties accordingly.
DATED AND DELIVERED (VIRTUALLY) AT NAIROBI THIS 27TH DAY OF OCTOBER, 2022MATHEWS N. NDUMAJUDGEAppearancesMr. Yogo for 3rd Respondent/ApplicantM/s Mwangi for 1st, 2nd and 4th RespondentsMr. Murunga for the PetitionersEkale – Court Assistant4