Wambua v Savannah Cement Limited (Cause E004 of 2022) [2023] KEELRC 2157 (KLR) (21 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2157
- Citation
- [2023] KEELRC 2157 (KLR)
- Decided
- 21 September 2023
Summary at a glance
TypeLabor DisputePostureRespondent's preliminary objection to dismiss the claimCoramMA ONYANGO
The second suit is not competent as it is a duplicate of the first suit filed in Nairobi.
Facts
The Claimant filed a second suit in Machakos, alleging it was filed before the Nairobi court was operationalized due to a backlog. The Nairobi suit was filed in 2019 and the Machakos suit in 2022. The Nairobi court dismissed the case on grounds of lack of territorial jurisdiction.
Issues
- Whether the second suit is competent and not a duplicate of the first suit
- Jurisdiction of the Machakos court
Reasoning
The Nairobi suit was filed before the Machakos court was operationalized and the Claimant could not obtain a hearing date. The Nairobi court dismissed the case on grounds of lack of territorial jurisdiction.
Outcome
The preliminary objection is upheld and the second suit is dismissed.
Orders
- The second suit is dismissed as it is a duplicate of the first suit filed in Nairobi
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