Bonface Kioko Mutiso v Victory Construction Company Limited [2018] KEELRC 2429 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC APPLICATION NO. 16 OF 2018
BONFACE KIOKO MUTISO................................................APPLICANT
v
VICTORY CONSTRUCTION COMPANY LTD..............RESPONDENT
RULING
1. The applicant instituted legal proceedings against the Respondent before the Chief Magistrates Court, being Nairobi CMCC No. 5464 of 2011, Boniface Kioko Mutiso v Victory Construction Co. Ltd on 14 November 2011.
2. In the suit, the applicant alleged breach of contract.
3. The applicant now seeks that the suit be transferred to this Court because of jurisdictional concerns and he cites Article 162 of the Constitution.
4. The application was served upon the Respondent but it did not bother to file any grounds in opposition.
5. Although the Chief Justice is given authority to designate certain Magistrates Court with authority to hear and determine causes of action anchored on the employment contract, no gazettement has been done.
6. The Court therefore allows the application dated 13th February 2018, with costs being in the cause.
Delivered, dated and signed in Nairobi on this 2nd day of March 2018.
Radido Stephen
Judge
Appearances
For Claimant Mr. Sagini instructed by Ndemo Sagini & Co. Advocates
For Respondent A.I. Onyango & Co. Advocates
Court Assistant Lindsey