Mutisya & another (Being the Legal Representatives of the Estate of Julius Muia Kisio (Deceased)) v London Distillers (K) Limited (Miscellaneous Application E311 of 2025) [2026] KEELRC 1183 (KLR) (30 April 2026) (Ruling)
- Court
- Employment and Labour Relations Court
- Case number
- 1183
- Citation
- [2026] KEELRC 1183 (KLR)
- Decided
- 30 April 2026
- Judge
- BOM Manani
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent's objection to the trial court's jurisdiction to entertain the claimCoramBOM Manani
Holding
The court has no jurisdiction to transfer a suit filed in a court without jurisdiction to a court with jurisdiction.
Facts
The deceased claimed employment relationship with the Respondent, but the Respondent argued the court lacked jurisdiction due to a Collective Bargaining Agreement. The deceased passed away, and his legal representatives filed the case.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to entertain the claim
- Whether the court can transfer a suit filed in a court without jurisdiction to a court with jurisdiction
Reasoning
The court cited previous cases to establish that a suit filed in a court without jurisdiction is a nullity and cannot be transferred.
Outcome
The court dismissed the request to transfer the suit.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Civil Procedure Act
- Labour Relations Act
Cases cited (4)
- Joseph Muthee Kamau & Another v David Mwangi Gichure & Another (2013) eKLR
- Equity Bank Limited v Bruce Mutie Mutuku t/a Diani Tour Travel (2016) eKLR
- Francis Kibugi Wanjohi v Kenya Railways Corporation (2021) KEELRC 793 (KLR)
- Phoenix of E.A. Assurance Company Limited v S. M. Thiga t/a Newspaper Service (2019) KECA 767 (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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