Namale v I & M Bank Limited & 2 others (Cause 752 of 2016) [2024] KEELRC 21 (KLR) (24 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 21
- Citation
- [2024] KEELRC 21 (KLR)
- Decided
- 24 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a decision of the Employment and Labour Relations CourtCoramJK GAKERI, Ndolo, Radido, Rudd
Holding
The court lacks jurisdiction to hear and determine the malicious prosecution case against the 1st Respondent due to the absence of an employer-employee relationship.
Facts
The Claimant, Hillary Okune Namale, was an employee of I & M Bank Limited. He was arrested, charged, and prosecuted for bank breaking in 2013. The prosecution was later found to be false and illegal.
Issues
- Whether the court has jurisdiction to hear and determine the malicious prosecution case against the 1st Respondent.
- Whether there was a break-in at the 1st Respondent's branch at Parklands.
- Whether the Claimant absconded or his employment was terminated by the 2nd Respondent.
- Whether the arrest, charge, and prosecution were malicious and illegal.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court's jurisdiction is limited to disputes over employment and labour relations. Since the Claimant had no employment relationship with the 1st and 3rd Respondents, the court has no jurisdiction to hear the case.
Outcome
The court dismissed the case against the 1st and 3rd Respondents.
Authorities cited
Legislation (5)
- Employment and Labour Relations Court Act, 2011
- Constitution of Kenya, 2010
- Civil Procedure Code
- Penal Code
- Office of Director of Public Prosecutions Act, 2013
Cases cited (8)
- United States International University (USIU) V Attorney General (2012) eKLR
- Mugendi V Kenyatta University (2013) eKLR
- Samuel Kamau Macharia V Kenya Commercial Bank & 2 others
- Radford V Stewart
- Kasana Produce Store V Kato
- Chopra V T. Eaton Co.
- Radido J. in Kagane V Attorney General (1969) EA 643
- Samba V Wampari (1987) KLR 601
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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