Muya v Lukenya Group of Schools (Petition 22 of 2018) [2022] KEELRC 12928 (KLR) (25 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12928
- Citation
- [2022] KEELRC 12928 (KLR)
- Decided
- 25 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to transfer suitPostureRespondent seeks transfer of suit to Mavoko Law CourtCoramJK GAKERI, Nduma Nderi, Rika
Holding
The application is dismissed as the court does not have jurisdiction to transfer the suit.
Facts
The suit was initially filed in Nyeri ELRC Case No. 54 of 2018, then transferred to Nairobi. An Employment and Labour Relations Court at Mavoko has existed since June 10, 2018.
Issues
- Whether the suit can be transferred to the Mavoko Law Court
- Whether the court has jurisdiction to hear the suit
Reasoning
The court held that the Employment and Labour Relations Court has concurrent jurisdiction with the Magistrates Courts over matters where the claimant earns less than Kshs.80,000/=. However, the court does not have jurisdiction to transfer the suit as it was not brought in a court with jurisdiction.
Outcome
Application dismissed
Authorities cited
Cases cited (4)
- Owners of Motor Vessels 'Lillian S' V Caltex Oil (Kenya) Ltd (1989)
- Prisca Jepngetich V Generation Careers Readiness Social Initiative (2021) eKLR
- Kagenyi V Musiramo & another (1968) EALR 43
- Albert Chaurembo Mumba & 7 others V Maurice Munyao & 148 others (2019) 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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