Mary Wairimu Moturi v Emirates Group [2015] KEELRC 56 (KLR)
The bottom line
#Kenya's Employment Court struck out a claim because the worker's contract chose Dubai courts, showing forum clauses in employment contracts are enforced.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction over the Claimant's claim despite the contract's Dubai forum and governing law clause
The preliminary objection was upheld; the Court lacks jurisdiction and the claim was struck out
The Court read the employment contract and found a clause titled 'other conditions' providing that the agreement shall be construed under the laws of Dubai, U.A.E, with the courts of Dubai having exclusive jurisdiction. The Court held the parties' intention on applicable law and jurisdiction was clear and unequivocal, leaving no room for interference, and therefore declined jurisdiction notwithstanding the Claimant's arguments that part of the duties were performed in Kenya and that the contract did not qualify as a foreign contract under Sections 83 and 89 of the Employment Act.
Whether the contract was a foreign contract or contract made abroad under the Employment Act, 2007
The Court found the contract was neither a foreign contract nor a contract made abroad as defined in the Employment Act, 2007, and was therefore guided by the contract's own jurisdiction clause
The Court's reading of the contract led it to conclude it fell outside the statutory definitions relied upon by the Claimant. Having so found, the dispute resolution clause in the contract itself became decisive. This finding on characterisation was the analytical bridge to the ultimate conclusion that the parties' express choice of Dubai law and exclusive Dubai jurisdiction bound the Court.
Legal principles established
#- Where an employment contract contains a clear and unequivocal clause conferring exclusive jurisdiction on foreign courts and choosing foreign law, this Court lacks jurisdiction to entertain claims under that contract
Court orders
#- 1.The preliminary objection raised by the Respondent is upheld
- 2.The Claimant's claim is struck out with no order for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (impugned by contractual forum selection clause in favour of the courts of Dubai)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Wairimu Moturi v Emirates Group [2015] KEELRC 56 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/56/eng@2015-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.