Mohamed v Wazito Football Club (Cause 814 of 2019) [2023] KEELRC 389 (KLR) (9 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 389
- Citation
- [2023] KEELRC 389 (KLR)
- Decided
- 9 February 2023
Summary at a glance
TypeEmployment DisputePosturePreliminary Objection Dismissed, Suit Proceeds to HearingCoramMN NDUMA
The Court dismisses the preliminary objection and allows the suit to proceed to hearing.
Facts
Hussein Mohamed was employed as a Coach by Wazito Football Club on November 2, 2018. His employment was terminated on March 7, 2019. Mohamed alleged the termination was unlawful and unfair, and sought compensation and terminal benefits. Wazito filed a preliminary objection based on the Football Kenya Federation Constitution, arguing the Court lacked jurisdiction.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Applicability of the Football Kenya Federation Constitution
Reasoning
The Court finds that the parties opted out of the Football Kenya Federation Constitution's dispute resolution mechanisms by agreeing to a contract clause that allows for negotiation and legal remedies if negotiations fail.
Outcome
Suit Proceeds to Hearing
Orders
- Preliminary Objection Dismissed
Authorities cited
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