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Esther Nyaguthii Wanjau v Governor Laikipia County & another [2018] KEELRC 691 (KLR)

[2018] KEELRC 691 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
691
Citation
[2018] KEELRC 691 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Transfer of JurisdictionPosturePetitioner seeks transfer of petition to Nairobi, Respondents argue lack of jurisdictionCoramNzioki wa Makau
Holding

The court lacks jurisdiction to entertain the Petition as it is not an employment matter, and the Petitioner is entitled to transfer the petition to Nairobi.

Facts

Petitioner seeks to transfer her petition to Nairobi due to a conservatory order in a previous case, and argues that the Employment & Labour Relations Court has jurisdiction to hear her case.

Issues

  1. Jurisdiction of the Employment & Labour Relations Court
  2. Admissibility of the Petition

Reasoning

The court held that the matter is not about an employee and employer relationship but a matter of the enforcement of fundamental rights, which falls under the jurisdiction of the High Court.

Outcome

The petition is transferred to Nairobi for mention and directions.

Orders

  • Transfer of the Petition to Nairobi

Remedies

  • Order for transfer of the Petition to Nairobi

Authorities cited

Legislation (2)
  • County Governments Act, 2012
  • Constitution of Kenya, 2010
Cases cited (1)
  • County Assembly of Kisumu & 2 Others v Kisumu County Assembly Service Board & 6 Others [2015] eKLR
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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