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Case law
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47,624 judgments, rulings and orders · latest 21 September 2026
Search tips:"exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Christine Noontatua Baari
Division and case type: Claims and Labour Relations Division·Claim/Causes
…alone cannot extinguish the original jurisdiction of this court as contemplated by the Constitution and hence this court has jurisdiction to hear and determine this suit.
5.…
…This delegation of jurisdiction has since been provided for under the Magistrates’ Act, which provision limits the Magistrates pecuniary jurisdiction in employment matters to Kshs.80,000/=.
10.…
jurisdictiongazette noticeemployment and labour relations courtmagistrates court3 min read
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Christine Noontatua Baari
Division and case type: Claims and Labour Relations Division·Claim/Causes
…It is the Respondent’s submission that this Court lacks the jurisdiction to determine the Claim before it, and jurisdiction being everything per Nyarangi J in Owners of the Motor Vessel "Lillian S" versus Caltex Oil (Kenya…
…The three are different and autonomous Courts and exercise different and distinct jurisdictions.…
jurisdictionforeign judgment enforcement
JudgmentKENNEDY WAFULA MAKOKHA VS NZOIA SUGAR COMPANY LIMITED
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Christine Noontatua Baari
Division and case type: Claims and Labour Relations Division·Miscellaneous Applications
…One issue fall for determination:-
i) Whether this Court has jurisdiction to transfer a suit filed in a Magistrates Court without pecuniary jurisdiction to a Court with pecuniary jurisdiction for hearing and determination…
…to a court with jurisdiction and therefore sanctify an incompetent suit.…
civil procedure actpecuniary jurisdiction
JudgmentIssack Yussuf Dahiye VS Medecins Sans Frontieres (msf)
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…The Claimant took the position that the Court had jurisdiction because Articles 1 and 13 of the employment contract were vague on the question of jurisdictional forum and the Articles could not therefore oust the jurisdiction…
…Respondent had an office within the jurisdiction of this Court.
12.…
jurisdictionemployment contractchoice of law
JudgmentLewis Mureithi VS Steel Structures Limited
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Jemimah Wanza Keli
Division and case type: Claims and Labour Relations Division·Claim/Causes
…Jurisdiction of the Court
(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of…
…The defence was that there was no employee-employer relations and consequently the court lacked jurisdiction.
5.…
jurisdictionemployment relationshipcontract of service
JudgmentKenya Engineering Workers Union VS Bhachu Industries Limited
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…to entertain this Claim and same ought to be struck out with cost for want of jurisdiction.
2.…
…It is not in doubt that the Gazette Notice delegated certain jurisdictions of this Court to the Magistrates of the rank Senior Resident Magistrate and above.
7.…
pecuniary jurisdictiongazette noticetrade dispute
JudgmentNerima Maria Wanyama VS Malaria No More Uk
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…(ii) THAT clause 22.4 of the contract of employment dated 20th January 2023 expressly provides for the choice of law being English law and that parties submit to the exclusive jurisdiction of the English Courts.
3.…
…flows from the Constitution or law and where a Court finds it has no jurisdiction, it must down its tools.
9.…
employment contractjurisdictionchoice of law
JudgmentJemimah Chemutai Masibo VS Patrick Amalemba AND Noigam Secondary School
Employment and Labour Relations Court at Kitale ELRCMaureen Onyango
Division and case type: Employment and Labour Relations Court·Claim/Causes
…The Claimant states that Gazette Notice No. 6024 of 2018 that extending jurisdiction in employment matters to the Magistrates Courts does not oust the jurisdiction of this court.
6.…
…Thus, a Court of law can only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law.…
jurisdictionpreliminary objection
JudgmentGeorge Odhiambo Magwan'ga VS Homabay County AND County Attorney Of Homa-bay
Employment and Labour Relations Court at Malindi ELRCMBARU MONICA
Division and case type: Employment and Labour Relations Court·Appeals
…The respondent submitted that jurisdiction is primordial in every suit. Any suit filed devoid of jurisdiction cannot be remedied.…
…To move the court as herein done is without jurisdiction and the claim was correctly dismissed by the trial court for lack of jurisdiction. This appeal should also be dismissed with costs.…
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…The Claimant further contended that the Respondent had conflated the questions of jurisdiction (forum) and choice of law.…
…One of the principles is whether the Court or forum will apply its laws or the laws of another interested jurisdiction. In other words, choice of law and forum jurisdiction.
12.…
employment contractjurisdictionchoice of law
JudgmentMary Mogaka VS Young Women Christian Association Of Kenya AND The National General Secretary Young Women Christian Association Of Kenya AND 1 Others
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…The Court held:
Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
…The Court herein held it had no jurisdiction, but went ahead to determine the substantive merits of the dispute before it.
13.…
JudgmentBENSON NZIOKA KIMATU VS EAST MEAT SUPPLIES LTD
Employment and Labour Relations Court at Eldoret ELRCMaureen Onyango
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
…This court lacks jurisdiction to transfer a suit which had been filed in a court without jurisdiction to a county with jurisdiction.
22.…
…jurisdiction.
28.…
civil procedure acttransfer of suitsterritorial jurisdictionpreliminary objection
JudgmentCOUNTY ASSEMBLY SERVICE BOARD, NYAMIRA COUNTY AND THE SPEAKER, COUNTY ASSEMBLY OF NYAMIRA AND 2 Others VS GRACE MASESE BUNDI AND VINCENT NYAMBANE NYAKIENI AND 10 Others
Division and case type: Employment and Labour Relations Court·Appeals
…The Appellants equally filed a Notice of Preliminary Objection evenly dated impugning the Court’s jurisdiction on account of the exhaustion principle.
3.…
…The Learned Trial Magistrate erred in law and fact in finding that it had Jurisdiction to hear and determine the claim herein, when the contrary was true.
ii.…
JudgmentAlex Barawa Washe VS Kilifi Plantations Limited
Employment and Labour Relations Court at Malindi ELRCOcharo Kebira
Division and case type: Employment and Labour Relations Court·Appeals
…By finding that the Court was functus officio with regard to the issue of jurisdiction for work injury related matters, despite the Practice Directions given asserting the trial Court’s jurisdiction.
2.…
…The first appellate court has jurisdiction to reverse or affirm the findings of the trial court.…
work injury claimsjurisdictionappeal procedurestatutory period
JudgmentKenya Union Of Domestic, Hotels, Educational Institutions And Hospitals (kudheiha) Workers VS Kelli Wangui Gitahi (a Child Suing Through Her Father And Next Friend) Peter Gitahi Kombanira
Employment and Labour Relations Court at Mombasa ELRCMBARU MONICA
Division and case type: Employment and Labour Relations Court·Claim/Causes
…The suit has been instituted adequately on territorial jurisdiction before a court vested with competent territorial jurisdiction to hear and determine the matter. 9.…
…The court retains original jurisdiction over all employment and labour relations disputes, including trade disputes.
The court has original jurisdiction in this case.…
JudgmentFRANCOIS MAKORANI DDAIDO VERSES BANK OF INDIA
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)Stephen Radido
Division and case type: Claims and Labour Relations Division·Claim/Causes
…Jurisdiction
13.…
…The Court also observes that under Gazette Notice No. 6024 of 2018, the jurisdiction to handle disputes where the monthly pay is less than Kshs 80,000/- was delegated to the Senior Resident Magistrates Court.
14.…
employment actunfair terminationright to fair administrative action