Mokua v Samburu Project (Cause E051 of 2025) [2026] KEELRC 609 (KLR) (27 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 609
- Citation
- [2026] KEELRC 609 (KLR)
- Decided
- 27 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Application for Stay and Referral to Arbitration DeclinedCoramJAMES RIKA
Holding
The Court declines the Respondent's application and orders costs.
Facts
Claimant and Respondent are parties to a contract of employment. Respondent filed an application seeking a stay of proceedings and referral to arbitration, while Claimant filed a counterclaim.
Issues
- Whether the arbitration clause in the contract of employment is valid and enforceable.
- Whether the Court has jurisdiction to hear the case while the Respondent has initiated proceedings in another jurisdiction (USA).
Reasoning
The Court finds the arbitration clause valid but invalidates the Respondent's application as it was filed after the Respondent admitted the Court's jurisdiction. The Court also notes the exclusive jurisdiction of Kenyan courts over disputes arising from the contract.
Outcome
Application declined
Orders
- Decline of the application
- Award of costs to the Claimant
Authorities cited
Legislation (3)
- Employment and Labour Relations Act
- Arbitration Act
- Constitution of Kenya
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.
Loading judgment…