Debbie Atieno Odhiambo v Mhasibu Housing Company Limited & another [2022] KEELRC 530 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 530
- Citation
- [2022] KEELRC 530 (KLR)
- Decided
- 9 March 2022
Summary at a glance
TypeApplication for Transfer of PetitionPostureApplication dismissed with costs
The court does not have territorial jurisdiction and dismisses the application with costs.
Facts
The application sought to transfer a petition from the Employment and Labour Relations Court at Nyeri to the Employment and Labour Relations Court at Nairobi due to the cause of action arising in Nairobi and the convenience of the parties.
Issues
- Territorial jurisdiction of the Employment and Labour Relations Court
- Convenience of the parties
Reasoning
The court held that the Employment and Labour Relations Court has national jurisdiction and dismissed the application, citing settled law and practice that victims of Employment and Labour Relations exercises are free to file proceedings at any location within Kenya.
Outcome
Application dismissed with costs
Authorities cited
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