Nayweni & 45 others v African Shipping Limited & 47 others; International Transport Federation & 4 others (Interested Party) (Petition E007 of 2022) [2023] KEELRC 3456 (KLR) (7 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3456
- Citation
- [2023] KEELRC 3456 (KLR)
- Decided
- 7 December 2023
Summary at a glance
TypePetitionPostureRespondent's Motion to DismissCoramM MBARŨ
The petition is not a proper petition and is dismissed with costs.
Facts
The petitioners claim to be employed by contractors to the respondents, but the respondents argue that the petitioners are independent contractors and thus no employment relationship exists.
Issues
- Whether the petition is a proper petition
- Whether the court has jurisdiction over the claims
Reasoning
The court found that there is no employment relationship between the petitioners and the respondents, and thus the court lacks jurisdiction. The petitioners were not in an employment relationship and could not move the court under a petition.
Outcome
Dismissed with costs
Orders
- Petition dismissed
Authorities cited
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