Petition E141 of 2021

Case Metadata
Case Number:	Petition E141 of 2021
Parties:	Ogonda & 26 others v Attorney General & 3 others
Date Delivered:	27 Oct 2022
Case Class:
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Ruling
Judge(s):	Mathews Nderi Nduma
Citation:	Ogonda & 26 others v Attorney General & 3 others (Petition E141 of 2021) [2022] KEELRC 13017 (KLR) (27 October 2022) (Ruling)
Advocates:	Mr. Yogo for 3rd Respondent/Applicant, Mr. Murunga for Petitioners, M/s Mwangi for 1st, 2nd and 4th Respondents
Court Division:	Employment and Labour
County:	Nairobi
Advocates:	Mr. Yogo for 3rd Respondent/Applicant, Mr. Murunga for Petitioners, M/s Mwangi for 1st, 2nd and 4th Respondents
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Ogonda & 26 others v Attorney General & 3 others (Petition E141 of 2021) [2022] KEELRC 13017 (KLR) (27 October 2022) (Ruling)

Neutral citation: [2022] KEELRC 13017 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition E141 of 2021

MN Nduma, J

October 27, 2022

IN THE MATTER OF ARTICLES 22(1) AND 3 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLES 2(1), 391), 19, 20, 27, 28 AND 41 OF THE CONSTITUTION AND IN THE MATTER OF THE PUBLIC SERVICE COMMISSION ACT NO. 10 OF 2017

Between

Sylvia Akoth Ogonda

1^st Claimant

Wesley Kiprono Cheruiyot

2^nd Claimant

Naomi Cheplangat Langat

3^rd Claimant

Jephiner Ngasura

4^th Claimant

Janet Akumu Ojwang’

5^th Claimant

Ronald Kipkemoi Bett

6^th Claimant

Job Kemboy

7^th Claimant

Ruth Anyango Omollo

8^th Claimant

Eric Oduor Okech

9^th Claimant

Olivia Atieno Owino

10^th Claimant

Jacob Rachuonyo

11^th Claimant

Sabania Kitur

12^th Claimant

Sammy Kipkoech Ngetich

13^th Claimant

John Robert Owuour

14^th Claimant

Ruth Anyango Okoto

15^th Claimant

Henry K Tonui

16^th Claimant

Lawrence Pketich Oyugi

17^th Claimant

Irine Awuor

18^th Claimant

Benard Kiplangat Rono

19^th Claimant

Japheth Onyango Ogogo

20^th Claimant

Dickson Ouma Odundo

21^st Claimant

Bernard Juma Nyarem Odero

22^nd Claimant

Bernard Odiwuor Odongo

23^rd Claimant

Jack Olonga’

24^th Claimant

Harriet Natecho

25^th Claimant

Bernard W Odhiambo

26^th Claimant

Evance Ochieng Olewe

27^th Claimant

and

Attorney General

1^st Respondent

Cabinet Secretary, Ministry of East African Community (EAC) & Regional Development

2^nd Respondent

Lake Basin Development Authority

3^rd Respondent

Public Service Commission

4^th Respondent

Ruling

1.The 3^rd respondent by an application dated 3^rd 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 1^st April, 2022 in which is deposed that the petitioners and the 1^st, 2^nd and 4^th respondents are domiciled in Nairobi. That only the 3^rd 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 3^rd 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 4^th 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.

DATED AND DELIVERED (VIRTUALLY) AT NAIROBI THIS 27^TH DAY OF OCTOBER, 2022MATHEWS N. NDUMAJUDGEAppearancesMr. Yogo for 3^rd Respondent/ApplicantM/s Mwangi for 1^st, 2^nd and 4^th RespondentsMr. Murunga for the PetitionersEkale – Court Assistant4

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