[2021] KEELRC 1343 (KLR)
The court declined to transfer the suit to the Magistrate's Court, holding that, in accordance with the Chief Justice's circular and the directions of the Hon. Principal Judge, all matters already filed before the Employment & Labour Relations Court prior to the transfer directive are to be heard and concluded by...
Source-derived case information.
- Citation
- [2021] KEELRC 1343 (KLR)
- Parties
- Claimant: Patrick Ebichondo Malalu; Respondent: Radar Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 515 of 2012
- Procedural Posture
- Employment Cause / Ruling on Transfer of Suit
- Outcome
- Application for transfer declined; matter to proceed before the Employment & Labour Relations Court.
- Judges
- AN Makau
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Chief Justice Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ebichondo Malalu
Claimant
Radar Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to the Magistrate's Court in light of the Chief Justice's circular and directions.
- 2 Whether the Employment & Labour Relations Court retains jurisdiction over matters filed prior to the transfer directive.
Ratio Decidendi
The court declined to transfer the suit to the Magistrate's Court, holding that, in accordance with the Chief Justice's circular and the directions of the Hon. Principal Judge, all matters already filed before the Employment & Labour Relations Court prior to the transfer directive are to be heard and concluded by the ELRC. The court found it proper and in line with judicial directions to retain jurisdiction and proceed to dispose of the matter, which has been pending since 2018, by setting a hearing date and issuing notice to the respondent.
Court Disposition
Application for transfer declined; matter to proceed before the Employment & Labour Relations Court.
Orders
- The suit will not be transferred to the Magistrate's Court.
- A hearing date is set for 16th June 2021.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 515 OF 2012
PATRICK EBICHONDO MALALU ...........................CLAIMANT
VERSUS
RADAR LIMITED .................................................RESPONDENT
RULING
1. The matters due for the transfer to Magistrate’s Court were transferred once the Chief Justice issued his circular and all matters pending before the Court were to be heard to conclusion by the Employment & Labour Relations Court (ELRC) noting they had already been filed prior to transfer of files to Chief Magistrate’s Courts countrywide.
2. This file has been pending since 2018 and it is fit and proper it be disposed of by this Court per the directions given by the Hon. Principal Judge of the Court and in line with the Chief Justice directions.
3. In the premise, I decline to transfer the suit to Magistrate’s Court and instead will issue a hearing date next week on 16th June 2021. Notice to issue to Respondent for Mention on 16th June 2021.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 8TH DAY OF JUNE 2021
Nzioki wa Makau
JUDGE