Betty U Chamba v Kenya Ports Authority & another [2019] KEELRC 2219 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2219
- Citation
- [2019] KEELRC 2219 (KLR)
- Decided
- 21 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks an order of injunction restraining Respondents from interfering with her tenancy.CoramRika
Holding
The Court overrules the preliminary objection and proceeds to grant the injunction.
Facts
Claimant filed a Notice of Motion seeking an order of injunction against Respondents regarding her tenancy in Pension Scheme Block No. 91 Mbaraki, Mombasa Island. The Respondents raised a preliminary objection challenging the jurisdiction of the Court.
Issues
- Whether the suit falls within the purview of Section 12(1) of the Employment and Labour Relations Court Act.
- Whether the jurisdiction of the Court is restricted to situations where the employment relationship subsists.
- Whether the dispute relates to a pensioner and a pension scheme as governed by the Retirement Benefits Act.
Reasoning
The Court finds the objection ill-conceived, as the dispute is a tenancy issue unrelated to the management of the pension scheme. The Court cites Abdullahi Ali Mohammed v Kenya Ports Authority & another [2016] eKLR.
Outcome
Claimant's application for an injunction is granted.
Orders
- Order of injunction restraining Respondents from interfering with Claimant's tenancy in Pension Scheme Block No. 91 Mbaraki, Mombasa Island.
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act
- Retirement Benefits Act
Cases cited (3)
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd (Civil Appeal No 50 of 1989)
- Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Limited (1969) EA 696
- Abdullahi Ali Mohammed v Kenya Ports Authority & another [2016] 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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