[2022] KEELRC 991 (KLR)
The court held that since the Chief Magistrate's Court had already determined it lacked jurisdiction and there was no pending matter before it, there was nothing to transfer to the Employment and Labour Relations Court. Furthermore, even if there were a pending matter, the E&LRC is not the appropriate forum for...
Source-derived case information.
- Citation
- [2022] KEELRC 991 (KLR)
- Parties
- Applicant: Sammy Okonda Mukolwe; Respondent: Lino Typesetters [K] Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E042 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application declined
- Judges
- J Rika
- Legal Topics
- Work Injury Benefits, Jurisdiction of Courts, Transfer of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Okonda Mukolwe
Applicant
Lino Typesetters [K] Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Employment and Labour Relations Court can transfer a suit from the Chief Magistrate's Court after a finding of lack of jurisdiction.
- 2 Whether the Employment and Labour Relations Court is the proper forum for primary work injury disputes.
Ratio Decidendi
The court held that since the Chief Magistrate's Court had already determined it lacked jurisdiction and there was no pending matter before it, there was nothing to transfer to the Employment and Labour Relations Court. Furthermore, even if there were a pending matter, the E&LRC is not the appropriate forum for primary work injury disputes as per the Work Injury Benefits Act. The application for transfer was therefore declined.
Court Disposition
application declined
Orders
- The Miscellaneous Application filed herein is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT
AT NAIROBI
MISCELLANEOUS APPLICATION NO E042 OF 2021
BETWEEN
SAMMY OKONDA MUKOLWE......................................APPLICANT
VERSUS
LINO TYPESETTERS [K] LIMITED.........................RESPONDENT
RULING
1. The Applicant seeks transfer of Nairobi C.M.C.C No. 7115 of 2015 to the E&LRC Nairobi. The Claim in the Chief Magistrate’s Court, was filed by the Applicant against the Respondent, seeking work injury benefit.
2. It was heard and determined by the Chief Magistrate’s Court.
3. In a Ruling made on 5th February 2021, the Trial Court held it has no jurisdiction.
4. There is therefore nothing pending before the Chief Magistrate’s Court, to be transferred to the E&LRC.
5. Even if there was, the E&LRC itself, is not the right forum to hear primary work injury disputes under the relevant Act.
IT IS ORDERED: -
a. The Miscellaneous Application filed herein is declined.
b. No order on the costs.
Dated, signed and released to the parties electronically, under the Ministry of Health and Judiciary Covid-19 Guidelines at Nairobi, this 26th day of January, 2022.
James Rika
Judge