Wanyama v Malaria No More UK (Cause E108 of 2024) [2025] KEELRC 698 (KLR) (6 March 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 698
- Citation
- [2025] KEELRC 698 (KLR)
- Decided
- 6 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination and Breach of ContractPostureAppeal from a decision to strike out the causeCoramRADIDO
Holding
The Court declines jurisdiction due to the parties' choice of law and forum, and the cause is struck out with costs to the Respondent.
Facts
The Claimant, Nerima Maria Wanyama, sued the Respondent, Malaria No More UK, alleging unfair termination of employment and breach of contract. The Respondent filed a Notice of Preliminary Objection contesting the court's jurisdiction.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Choice of Law and Forum
Reasoning
The court found that the parties had not provided the employment contract, a crucial document for the Preliminary Objection. The court also noted the Respondent's reliance on jurisdiction flowing from the Constitution or law.
Outcome
The cause is struck out with costs to the Respondent.
Orders
- The cause is struck out with costs to the Respondent.
Authorities cited
Cases cited (4)
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd. (1989) eKLR
- Arthur Kawino v Population Services International (PSI) (2017) eKLR
- Kenya Union Of Employees of Voluntary and Charitable Organizations v Sudan Catholic Bishops Regional Conference (2013) eKLR
- Kamurasi v Absa Bank Kenya PLC & Ar (2023) KEELRC 3229 (KLR)
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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