Mwaniki v Kuria & 4 others [2023] KEELRC 2554 (KLR)

Mwaniki v Kuria & 4 others (Cause E149 of 2023) [2023] KEELRC 2554 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEELRC 2554 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E149 of 2023

L Ndolo, J

October 19, 2023

Between

Juma Hemedi Mwaniki

Claimant

and

David Kuria

1st Respondent

Moses Kuria

2nd Respondent

Thika Water and Sewerage Company Ltd

3rd Respondent

Water, Environme nt, Energy & Natural Resources - County Government of Kiambu

4th Respondent

State Law Office

5th Respondent

Ruling

1. On 23rd February 2023, the Claimant filed a Statement of Claim and a Notice of Motion under Certificate of Urgency, seeking an order of injunction, restraining the Respondents from interfering with the Claimant’s position in Thika Water and Sewerage Company Ltd.

2. Subsequently, the 1st, 2nd,3rd and 4th Respondents raised a Preliminary Objection by notice dated 23rd March 2023, challenging the jurisdiction of this Court to entertain both the claim and the Notice of Motion.

3. The parties were directed to file submissions on the Preliminary Objection but only the Respondents complied.

4. The Employment and Labour Relations Court is established as a specialised Court under Article 162(2)(a) of the Constitution which provides that:(2)Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to-a.employment and labour relations; andb.…

5. Pursuant to this constitutional edict, Parliament enacted the Employment and Labour Relations Court Act, which at Section 12(1) sets out the jurisdiction of the Court as follows:12. 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 this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including-a.disputes relating to or arising out of employment between an employer and an employee;b.disputes between an employer and a trade union;c.disputes between an employer’s organisation and a trade union’s organisation;d.disputes between trade unions;e.disputes between employer organisations;f.disputes between am employers’ organisation and a trade union;g.disputes between a trade union and a member thereof;h.disputes between an employer’s organisation or a federation and a member thereof;i.disputes concerning the registration and election of trade union officials; andj.disputes relating to the registration and enforcement of collective agreements.

6. Looking at the Claimant’s pleadings as filed in court, there is no employment relationship between the Claimant and any of the Respondents. For this reason, this Court has no jurisdiction to entertain either the claim or the interlocutory application.

7. Consequently, both the claim and Notice of Motion filed on 23rd February 2023 are struck out.

8. Each party will bear their own costs.

9. Orders accordingly.

DELIVERED VIRTUALLY AT NAIROBI THIS 19THDAY OF OCTOBER 2023LINNET NDOLOJUDGEAppearance:Mr. Njagi for the ClaimantMr. OKeyo for the 1st – 4th RespondentsNo appearance for the 5th Respondent