Local Authorities Fund Board v County Government of Kilifi & another (Employment and Labour Relations Claim 2 of 2022) [2022] KEELRC 3962 (KLR) (22 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3962
- Citation
- [2022] KEELRC 3962 (KLR)
- Decided
- 22 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations ClaimPostureRespondents filed a Notice of Preliminary ObjectionCoramBOM MANANI
Holding
The court declines to assume jurisdiction over the dispute and strikes out the claim.
Facts
The Claimant seeks to compel the Respondents to remit Ksh. 476,400,085.21 for pension remissions. The Respondents filed a Notice of Preliminary Objection based on arbitration clauses and exhaustion of remedies.
Issues
- Court's jurisdiction over the dispute
- Nature of the dispute (settlor-trustee-beneficiary relations vs. employer-employee relationship)
Reasoning
The court finds that the dispute is not between an employer and an employee, and the subject matter falls outside employment disputes. The court is bound by the Supreme Court's decision that disputes over pension funds are not within the jurisdiction of the ELRC.
Outcome
Claim dismissed
Orders
- Claim dismissed
Authorities cited
Legislation (3)
- Arbitration Act
- Employment and Labour Relations Court Act
- Employment and Retirement Benefits Act
Cases cited (1)
- Local Authorities Provident Fund Board v Kisii County Government (2018) 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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