1.The 3rd respondent by an application dated 3rd March, 2022 prays that this suit be transferred from Employment and Labour Relations Court Nairobi to Employment and Labour Relations Court Kisumu on the grounds that the cause of action arose in Homa Bay County which falls under the jurisdiction of Employment and Labour Relations Court, Kisumu and not Nairobi. That the suit needs to be consolidated with Petition E003/2021 presently pending at Kisumu Employment and Labour Relations Court. That the two matters are similar and there is a risk of the two Courts giving contradictory orders.
2.The application is opposed vide a replying affidavit dated 1st April, 2022 in which is deposed that the petitioners and the 1st, 2nd and 4th respondents are domiciled in Nairobi. That only the 3rd respondent is out of Nairobi.
3.That the Employment and Labour Relations Court Nairobi, has nationwide jurisdiction just as the Kisumu Court. That it is fair and just to have the matter heard and determined at Nairobi. That no justifiable cause to transfer matter to Kisumu has been disclosed. That it has not been demonstrated that undue hardship will be occasioned to the 3rd respondent if the matter proceeds at Nairobi. That transfer will only cause further delay since parties have filed their responses to the petition.
4.That Employment and Labour Relations Court Judicial Review No. E003 of 2021 based at Kisumu is different from this matter and the two matters may proceed separately.
5.The applicant in reply states that the transfer would allow proper management of the two matters before Court. That the two cases have common issues in that the transfer of the funds sought include salaries claimed by the applicants in this suit.
6.Having considered the depositions and the submissions by the parties, the Court is satisfied that the petitioner herein worked for Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP) which project is domiciled at Home Bay.
7.That the dispute revolves around the intended transfer of Kimira-Oluch Smallholder Farm Improvement Project (KOSFIP) to the 4th Respondent, Lake Basin Development Authority, whose sphere of operation is the Lake Victoria Basin in the Nyanza and Western Regions of Kenya.
8.The Court is satisfied that the suit is best handled by Employment and Labour Relations Court Kisumu for the said reasons and for the Employment and Labour Relations Court Kisumu to consider whether it is appropriate to consolidate this petition and Judicial Review E003 of 2021.
9.There is a danger of having contradictory decisions by the two Courts if this Court proceeds to determine this matter at Nairobi, without having considered whether or not both suits ought to be dealt with together.
10.The reasons above constitute justifiable cause to have this matter to be transferred to Kisumu Employment and Labour Relations Court.
11.The application is therefore granted and this petition is transferred to Kisumu Employment and Labour Relations Court with immediate effect. The Deputy Registrar Nairobi to action the transfer and notify the parties accordingly.