[2025] KEELRC 1074 (KLR)
The court found that all material connecting factors—employment, termination, parties' addresses, and the subject matter—are linked to Nairobi and Kajiado, not Nakuru. Therefore, the Employment and Labour Relations Court at Nairobi is the appropriate forum for the dispute. The Nakuru court lacks sufficient...
Source-derived case information.
- Citation
- [2025] KEELRC 1074 (KLR)
- Parties
- Applicant: Tabitha Wanjiru Thuo; Respondent: Equity Bank (Kenya) Limited; Respondent: Azenia Technology Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause E022 of 2025
- Procedural Posture
- Cause / Ruling on Transfer of Suit
- Outcome
- Claim transferred to the Employment and Labour Relations Court at Nairobi.
- Judges
- J Rika
- Legal Topics
- Jurisdiction, Transfer of Suit, Connecting Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Wanjiru Thuo
Applicant
Equity Bank (Kenya) Limited
Respondent
Azenia Technology Limited
Respondent
Procedural Posture
Cause / Ruling on Transfer of Suit
Legal Issues
- 1 Which Employment and Labour Relations Court has jurisdiction based on the connecting factors in the dispute.
- 2 Whether the claim should be transferred from Nakuru to Nairobi.
Ratio Decidendi
The court found that all material connecting factors—employment, termination, parties' addresses, and the subject matter—are linked to Nairobi and Kajiado, not Nakuru. Therefore, the Employment and Labour Relations Court at Nairobi is the appropriate forum for the dispute. The Nakuru court lacks sufficient connection to the dispute, and for the convenience of parties and proper administration of justice, the claim should be transferred to Nairobi.
Court Disposition
Claim transferred to the Employment and Labour Relations Court at Nairobi.
Orders
- The claim is transferred to the E&LRC Nairobi to be placed before the Head of Claims division for further directions.
Full Case Text
Judgment text and source record
25 paragraphs
Thuo v Equity Bank (Kenya) Limited & another (Cause E022 of 2025) [2025] KEELRC 1074 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEELRC 1074 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Cause E022 of 2025
J Rika, J
April 4, 2025
Between
Tabitha Wanjiru Thuo
Claimant
and
Equity Bank (Kenya) Limited
1st Respondent
Azenia Technology Limited
2nd Respondent
Ruling
1. The Claimant was employed by the 1st Respondent at Nairobi.
2. Her letter of termination dated 19th May 2024, is addressed to her, at the 1st Respondent’s head office, Nairobi.
3. Her pleadings were drawn and executed at Nairobi.
4. The Respondent’s address is at Nairobi.
5. She indicates her postal address to be at Nairobi.
6. Her properties, subject matter of her application dated 26th March 2025, are mostly in Kajiado.
7. The Court with the closest connecting factors in the dispute, is the E&LRC Nairobi, not the E&LRC Nakuru.
8. The Claim is transferred to the E&LRC Nairobi, to be placed before the Head of Claims division, for further directions.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, THIS 4TH DAY OF APRIL 2025. JAMES RIKAJUDGE