[2019] KEELRC 1449 (KLR)
The court found that the contract of employment neither showed it was executed in Kenya nor admitted the jurisdiction of Kenyan courts. The respondent, being a Dubai-based company, and the contract having been performed in Somalia, meant the claimant could only sue in Dubai or Somalia. The presence of a Kenyan...
Source-derived case information.
- Citation
- [2019] KEELRC 1449 (KLR)
- Parties
- Claimant: Robert Yohana Siahi; Respondent: Inchcape Shipping Services (Dubai) LLC
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1212 of 2017
- Procedural Posture
- Preliminary Objection / Ruling
- Outcome
- preliminary objection upheld; suit struck out with costs
- Judges
- DI Wasike
- Legal Topics
- Jurisdiction of Court, Employment Contract Execution, Foreign Employer, Choice of Forum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Yohana Siahi
Claimant
Inchcape Shipping Services (Dubai) LLC
Respondent
Procedural Posture
Preliminary Objection / Ruling
Legal Issues
- 1 Whether the Employment and Labour Relations Court of Kenya has jurisdiction over a dispute involving a foreign employer and a contract performed outside Kenya.
- 2 Whether the execution of the employment contract in Kenya confers jurisdiction to Kenyan courts.
Ratio Decidendi
The court found that the contract of employment neither showed it was executed in Kenya nor admitted the jurisdiction of Kenyan courts. The respondent, being a Dubai-based company, and the contract having been performed in Somalia, meant the claimant could only sue in Dubai or Somalia. The presence of a Kenyan branch did not confer jurisdiction to Kenyan courts for disputes arising from contracts performed in another country. Consequently, the court lacked jurisdiction and the suit was struck out with costs.
Court Disposition
preliminary objection upheld; suit struck out with costs
Orders
- The suit is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 1212 OF 2017
ROBERT YOHANA SIAHI....................................................................CLAIMANT
VERSUS
INCHCAPE SHIPPING SERVICES (DUBAI) LLC......................RESPONDENT
RULING
1. Through a notice of preliminary objection dated 14th August, 2017 the respondent contended that the court did not have jurisdiction to entertain the claim on the grounds that the respondent company was based in Dubai and the claimants’ employment location was in Mogadishu in Somalia and further that the cause of action arose in Somalia.
2. The claimant resisted the objection stating that although the claimant’s place of work was in Somalia, it was obvious that the contract of employment was executed in Kenya.
3. The court has carefully reviewed the contract of employment herein and nowhere in the contract does it show it was executed in Kenya. In any event the respondent being a Dubai based company, the claimant had a choice to either sue in Dubai or in Somalia where the contract was performed.
4. The contract document does not admit of the jurisdiction of the Kenya courts. The fact that the respondent has a Branch in Kenya does not confer on Kenyan Courts jurisdiction to resolve disputes arising from contracts performed in a different country. To this extent the objection succeeds and the suit is hereby struck out with costs.
5. It is so ordered.
Dated at Nairobi this 17th day of May 2019
Abuodha J. N.
Judge
Delivered this 17th day of May 2019
Abuodha J. N.
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.