Cause E622 of 2021

Case Metadata
Case Number:	Cause E622 of 2021
Parties:	Kitheka v Equity Bank (K) Limited
Date Delivered:	23 Mar 2023
Case Class:
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Ruling
Judge(s):	Mathews Nderi Nduma
Citation:	Kitheka v Equity Bank (K) Limited (Cause E622 of 2021) [2023] KEELRC 818 (KLR) (23 March 2023) (Ruling)
Advocates:	Mr Kimathi for respondent, M/s Chimei for claimant
Court Division:	Employment and Labour
County:	Nairobi
Advocates:	Mr Kimathi for respondent, M/s Chimei for claimant
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

Case Metadata

Case Number:

Cause E622 of 2021

Parties:

Kitheka v Equity Bank (K) Limited

Date Delivered:

23 Mar 2023

Case Class:

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

Mathews Nderi Nduma

Citation:

Kitheka v Equity Bank (K) Limited (Cause E622 of 2021) [2023] KEELRC 818 (KLR) (23 March 2023) (Ruling)

Advocates:

Mr Kimathi for respondent, M/s Chimei for claimant

Court Division:

Employment and Labour

County:

Nairobi

Advocates:

Mr Kimathi for respondent, M/s Chimei for claimant

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

Kitheka v Equity Bank (K) Limited (Cause E622 of 2021) [2023] KEELRC 818 (KLR) (23 March 2023) (Ruling)

Neutral citation: [2023] KEELRC 818 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E622 of 2021

MN Nduma, J

March 23, 2023

Between

Peter Kioko Kitheka

Claimant

and

Equity Bank (K) Limited

Respondent

Ruling

1.The suit was filed on August 2, 2021 by a Statement of Claim of even date in which the claimant pleads that he was an employee of the respondent until August 6, 2018 when his employment was unlawfully terminated. He prays for various reliefs including the equivalent of 12 months’ salary in compensation for the unlawful dismissal. He prays for damages for the breach of his constitutional rights under Section 27, 41, 47 and 50 of the Constitution. He prays for costs of the suit.

2.The respondent filed a notice of preliminary objection to the claim dated September 15, 2022 to wit:-1.This Honourable Court lacks the requisite jurisdiction to entertain, hear, determine and/or grant the orders sought against the Respondent.2.The application filed offends Section 12 of the Employment and Labour Relations Court Act, 2011.3.The suit is incompetent, fatally defective, utter abuse of the Court process and a waste of the precious judicial time.

3.The parties filed submissions on the Preliminary Objection.

4.The Court finds outrightly that the Preliminary Objection is vague, lacks precision and is not a pure point of law as defined in Mukisa Biscuit Manufacturing Company Limited v West end Distributors Limited (1969) EA 696 and as restated in the case of Margaret Nyiha Gatambia & 2 Others v Peninah Ngechi Njaaga & 3 Others [2019] eKLR thus:-“When preliminary points are raised, they should be capable of disposing the matter preliminarily without the Court having to result to ascertaining the facts from elsewhere apart from looking at the pleadings.”

5.Indeed a perusal of the pleadings in this matter leads the Court to the conclusion that this Court has jurisdiction over this matter. The Preliminary Objection is misconceived and an abuse of the Court process. The same is dismissed with costs.

DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 23RD DAY OF MARCH, 2023.MATHEWS N NDUMAJUDGEAppearancesMr Kimathi for respondentM/s Chimei for the claimantEkale – Court Assistant

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Cause E622 of 2021

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