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Jackline Oichoe v Jilag Limited [2022] KEELRC 851 (KLR)

[2022] KEELRC 851 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
851
Citation
[2022] KEELRC 851 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePreliminary ObjectionPostureRespondent's Preliminary ObjectionCoramJustice Dr. Jacob Gakeri
The Employment and Labour Relations Court has jurisdiction to hear the claim.

Facts

Claimant Jackline Oichoe filed a claim against Respondent Jilag Limited regarding employment and labour relations disputes. The Respondent argued that the Employment and Labour Relations Court lacked jurisdiction to hear the case.

Issues

  • Jurisdiction of the Employment and Labour Relations Court
  • Applicability of the Chief Justice's Gazette Notice

Reasoning

The court determined that the Employment and Labour Relations Court Act, 2011 established the court to hear and determine disputes relating to employment and labour relations. The Chief Justice's Gazette Notice of 22 June 2018, while conferring jurisdiction on magistrates, did not affect the court's original jurisdiction as established by the Constitution and the Act.

Outcome

The preliminary objection is dismissed.

Authorities cited

Legislation (2)
  • Employment and Labour Relations Court Act, 2011
  • Constitution of Kenya 2010
Cases cited (2)
  • Mukisa Biscuit Manufacturing Company Limited v West End Distributors Limited
  • Juliana Katini Mdari v Mastermind Tobacco Kenya Limited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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