[2025] KEELRC 1579 (KLR)
The court found that the applicant failed to demonstrate sufficient reason for the transfer of the suit from the Magistrates’ court to the Employment and Labour Relations Court. Upon reviewing the memorandum of claim, the court determined that there was no explicit or implicit indication that the claim was based on...
Source-derived case information.
- Citation
- [2025] KEELRC 1579 (KLR)
- Parties
- Applicant: Mkuu Mohammed Pempe; Respondent: County Government Of Mombasa
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E003 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed
- Judges
- K Ocharo
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Court, Discrimination Claims, Expedited Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mkuu Mohammed Pempe
Applicant
County Government Of Mombasa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether there is sufficient reason to transfer Mombasa CMCELR cause No. 346 of 2021 from the Magistrates’ court to the Employment and Labour Relations Court.
- 2 Whether the applicant's claim raises an issue of discrimination outside the jurisdiction of the Magistrates' court.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient reason for the transfer of the suit from the Magistrates’ court to the Employment and Labour Relations Court. Upon reviewing the memorandum of claim, the court determined that there was no explicit or implicit indication that the claim was based on discrimination or sought relief arising from alleged discrimination. The absence of a challenge from the respondent did not relieve the applicant of the burden to establish merit in the application. Consequently, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 15th January 2025 is dismissed.
- This file is marked closed.
Full Case Text
Judgment text and source record
24 paragraphs
Pempe v County Government of Mombasa (Miscellaneous Application E003 of 2025) [2025] KEELRC 1579 (KLR) (22 May 2025) (Ruling)
Neutral citation: [2025] KEELRC 1579 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Miscellaneous Application E003 of 2025
K Ocharo, J
May 22, 2025
Between
Mkuu Mohammed Pempe
Applicant
and
County Government Of Mombasa
Respondent
Ruling
1. By the Notice of Motion application dated 15th January 2025, the Applicant seeks that this Court transfers Mombasa CMCELR cause No. 346 of 2021 from the Magistrates’ court to itself for hearing and final disposal.
2. The application is premised on the grounds set out on the face of the application, and the affidavit in support thereof, sworn by the Applicant on 15th January 2025.
3. The Respondent didn’t file a replying affidavit or grounds of opposition to the application.
4. The Applicant contends that transferring the suit to this court shall aid in an expedited hearing and disposal of the same. Furthermore, her claim raises an issue of discrimination, which falls outside the jurisdiction of the Magistrates' court to determine.
Determination. 4. Like suits, applications only succeed when their merit has been demonstrated. The fact that an application is not challenged in one of the ways the law provides does not guarantee the applicant an automatic success in the application. It is through this lens that I consider the Applicant’s current application.
5. I have carefully considered the Applicant’s pleadings filed before the magistrates’ court and found it difficult to see any sufficient reason that could serve as a basis for a transfer of suit order. The body and reliefs section of her memorandum of claim dated 20th May 2021 does not explicitly or implicitly indicate that the whole or part of her claim is anchored on an allegation of discrimination or that it seeks a relief arising from alleged discrimination.
6. In the upshot, I find the application lacking in merit. It is hereby dismissed.
7. This file is marked closed.
8. Orders accordingly.
READ, SIGNED AND DELIVERED VIRTUALLY IN MOMBASA THIS 22ND DAY OF MAY, 2025. OCHARO KEBIRAJUDGE