Henry Kenozwa Omumia & another v Kenya Post Office Savings Bank [2017] KEELRC 1836 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1836
- Citation
- [2017] KEELRC 1836 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent's objection to jurisdiction upheldCoramAbuodha Jorum Nelson
Holding
The court upholds the objection and stays the suit pending referral to arbitration as required by the contract.
Facts
Two employees, Henry Kenozwa Omumia and David Nyororo Gatawa, filed a suit against Kenya Post Office Savings Bank. The bank filed a preliminary objection based on a clause in their employment contract that requires disputes to be referred to arbitration.
Issues
- Jurisdiction of the court
- Referral to arbitration
Reasoning
The court found that the dispute should be referred to arbitration as per the contract clause, and that constitutional questions alone do not make the dispute a constitutional matter.
Outcome
The suit is stayed pending referral to arbitration.
Orders
- Suit is stayed pending referral to arbitration
Authorities cited
Legislation (2)
- Arbitration Act
- Employment Contract
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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