Abuga v Last Village Cottages Ltd & 2 others (Civil Case E015 of 2024) [2026] KEHC 5846 (KLR) (30 April 2026) (Ruling)
The High Court lacks jurisdiction to entertain the application for stay after transferring the suit to the Employment and Labour Relations Court; the application should be made in the Employment and Labour Relations Court or Court of Appeal.
Source-derived case information.
- Citation
- [2026] KEHC 5846 (KLR)
- Parties
- Plaintiff: Ruth Moraa Abuga; 1st Defendant: The Last Village Cottages Ltd; 2nd Defendant: The Last Village Limited; Interested Party: Kips Technical College
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E015 of 2024
- Procedural Posture
- Civil / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application dismissed for want of jurisdiction; no orders issued.
- Legal Topics
- Stay of Proceedings, Transfer of Suit, Jurisdictional Challenge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Moraa Abuga
Plaintiff
The Last Village Cottages Ltd
1st Defendant
The Last Village Limited
2nd Defendant
Kips Technical College
Interested Party
Procedural Posture
Civil / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for stay of proceedings after transferring the suit to the Employment and Labour Relations Court
- 2 Proper forum for seeking stay of proceedings pending appeal
Ratio Decidendi
The High Court lacks jurisdiction to entertain the application for stay after transferring the suit to the Employment and Labour Relations Court; the application should be made in the Employment and Labour Relations Court or Court of Appeal.
Court Disposition
Application dismissed for want of jurisdiction; no orders issued.
Orders
- File to be returned to the Employment and Labour Relations registry until further orders from the Employment and Labour Relations Court or Court of Appeal
Full Case Text
Judgment text and source record
1 paragraphs
Abuga v Last Village Cottages Ltd & 2 others (Civil Case E015 of 2024) [2026] KEHC 5846 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 5846 (KLR) Republic of Kenya In the High Court at Machakos Civil Case E015 of 2024 EN Maina, J April 30, 2026 Between Ruth Moraa Abuga Plaintiff and The Last Village Cottages Ltd 1st Defendant The Last Village Limited 2nd Defendant and Kips Technical College Interested Party Ruling 1.Before me is the Plaintiff’s application dated 9th April 2025 seeking a stay of the proceedings in this suit pending hearing and determination of an appeal against the ruling of this court dated 27th March 2025 which transferred this suit to the Employment and Labour Relations Court (ELRC), for want of jurisdiction by this court. 2.I have carefully perused the pleadings of the parties and the rival submissions of learned Counsel for the parties. I have come to the considered opinion that having transferred the case to the Employment and Labour Relations Court (ELRC), and the Defendant/Applicant having appealed, I no longer have jurisdiction to handle the case and that this application should have been made either in the Employment and Labour Relations Court or in the Court of Appeal. In the premises, I shall down my tools and make no orders. The file shall be returned to the Employment and Labour Relations registry until such a time as there shall be further orders from the Employment and Labour Relations Court or the Court of Appeal.Orders accordingly. RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 30TH DAY OF APRIL 2026.E. N. MAINAJUDGEIn the presence of:Ms Kwamboka for Plaintiff/RespondentMr. Liboma for the Defendants/ApplicantsMary - Court Assistant/Interpreter