Smart Brands Limited v Raphael Mwamidi Ndau [2021] KEELRC 1743 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1743
- Citation
- [2021] KEELRC 1743 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks transfer of case from Mombasa to NairobiCoramLINNET NDOLO
The case is transferred from Mombasa to Nairobi
Facts
Respondent was employed at Mombasa branch and later transferred to Nairobi where he was dismissed. Respondent filed contract and dismissal letter indicating Nairobi as place of employment.
Issues
- Whether the Applicant has made out a case for transfer of the case from Mombasa to Nairobi
Reasoning
The court found that the Respondent's choice of filing the case in Mombasa was based on convenience and not on the place where the contract was made or where the contract was to be performed. The court directed the transfer to enhance timely hearing and determination.
Outcome
Transfer of the case from Mombasa to Nairobi
Orders
- Transfer of Mombasa CMELRC No 205 of 2020: Raphael Mwamidi Ndau v Smart Brands Limited from the Chief Magistrate’s Court at Mombasa to the Chief Magistrate’s Court at Nairobi for hearing and determination
Authorities cited
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