Saj Ceramic Limited v Kiilu (Miscellaneous Application E413 of 2025) [2025] KEELRC 3682 (KLR) (18 December 2025) (Ruling)

Saj Ceramic Limited v Kiilu (Miscellaneous Application E413 of 2025) [2025] KEELRC 3682 (KLR) (18 December 2025) (Ruling)

Order 9 Rule 9 does not bar the Applicant’s new advocates from coming on record in a fresh miscellaneous application. The Nairobi ELRC has jurisdiction to hear the application due to administrative realities and the court’s discretion, especially as there is no sitting judge in Machakos. The Preliminary Objection is...

Source-derived case information.

Citation
[2025] KEELRC 3682 (KLR)
Parties
Applicant: SAJ Ceramic Limited; Respondent: Evans Kyalo Kiilu
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Case Number
Miscellaneous Application E413 of 2025
Procedural Posture
Preliminary Objection (misc. Application) / Ruling on Preliminary Objection
Outcome
Preliminary Objection dismissed
Legal Topics
Change of Advocates After Judgment, Territorial Jurisdiction, Forum Shopping, Abuse of Court Process
Source Language
en
Civil Procedure Employment Law Change of Advocates After Judgment Territorial Jurisdiction Forum Shopping Abuse of Court Process

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Parties

SAJ Ceramic Limited

Applicant

Evans Kyalo Kiilu

Respondent

Procedural Posture

Preliminary Objection (misc. Application) / Ruling on Preliminary Objection

  1. 1 Whether M/S Weru Munyoro & Company Advocates is properly on record for the Applicant in light of Order 9 Rule 9 of the Civil Procedure Rules, 2010.
  2. 2 Whether the Employment and Labour Relations Court at Nairobi has territorial jurisdiction to hear and determine the application.

Ratio Decidendi

Order 9 Rule 9 does not bar the Applicant’s new advocates from coming on record in a fresh miscellaneous application. The Nairobi ELRC has jurisdiction to hear the application due to administrative realities and the court’s discretion, especially as there is no sitting judge in Machakos. The Preliminary Objection is dismissed as it lacks merit.

Court Disposition

Preliminary Objection dismissed

Orders

  • Costs shall abide the application.