Kenya Local Government Workers Union & another v Industrial Court of Kenya; National Union of Water & Sewerage Employees & another (Interested Parties); Kenya County Government Workers Union (Respondent); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Applicant) (Miscellaneous Application E211 of 2021) [2023] KEELRC 2755 (KLR) (2 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2755
- Citation
- [2023] KEELRC 2755 (KLR)
- Decided
- 2 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to transfer the case to the High Court for re-taxation of the Advocate's Bill of Costs and to withdraw the bill of costs.CoramJK GAKERI
Holding
The preliminary objection is dismissed, and the case is not transferred to the High Court.
Facts
The case involves a dispute over the taxation of an Advocate's Bill of Costs, which was initially handled by the High Court before the establishment of the Employment and Labour Relations Court.
Issues
- Whether the preliminary objection has met the threshold
- Whether the ELRC MISC/E211/2021 should be transferred to the High Court of Kenya at Nairobi for re-taxation
Reasoning
The court finds that the Employment and Labour Relations Court has jurisdiction to tax the Advocate's Bill of Costs, and the transfer of the case to the High Court is not necessary as the court has jurisdiction to handle the matter.
Outcome
The application is dismissed.
Orders
- The preliminary objection is dismissed.
- The case is not transferred to the High Court.
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Employment and Labour Relations Court Act, 2011
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (4)
- Mukisa Biscuits Manufacturing Co. Ltd V West End Distributors Ltd (1969) EA 696
- Samuel K. Macharia & another V Kenya Commercial Bank & 2 others (2012) eKLR
- Macharia & Co. Advocates V Magugu (2002) EA 428
- Ali Jarso Wako & another v Ministry of Interior & Coordination of National Government & 5 others; Public Service Commission & 5 others (Interested Parties) [2020] 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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