Okeyo v Board of Directors HHI Management Service Ltd & another (Cause E970 of 2023) [2024] KEELRC 1006 (KLR) (6 May 2024) (Ruling)

Facts

The claimant was employed by the 2nd respondent as the Group Chief Executive Officer under a written contract with an arbitral clause. The claimant filed a suit against the 2nd respondent.

Issues

1. Whether section 6(1) of the Arbitration Act ousted the jurisdiction of the Employment and Labour Relations Court to determine a suit involving a contract with an arbitral clause.
2. Whether the Employment and Labour Relations Court had the jurisdiction to determine an employment dispute where the employment contract contained an arbitral clause.

Reasoning

The court held that the Employment and Labour Relations Court has exclusive jurisdiction over disputes relating to employment and labour relations, as provided by the Constitution and the Employment and Labour Relations Court Act.

Outcome

Affirmed

Authorities cited