Nancy Macnally v International Centre of Insect Physiology and Ecology (ICIPE) [2016] KEELRC 114 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether ICIPE's immunity from suit and legal process under the Privileges and Immunities Act, the 1989 Order and the ICIPE Charter bars the petition at the threshold
The preliminary objection was overruled because the petition is not an ordinary employment claim; it calls for interpretation of the immunity-granting instruments against the Constitution, which falls within the specialised jurisdiction of the Employment and Labour Relations Court.
The court accepted that the Respondent enjoys immunity pursuant to duly recognised legal instruments, but held that the petition traverses constitutional declarations as well as specific prayers for payment of dues. Interpreting the instruments granting immunity vis-a-vis the Constitution is within the specialised jurisdiction of the ELRC in employment and labour matters. Upholding the objection would limit that jurisdiction, cause a miscarriage of justice and stunt the growth of jurisprudence in this nascent branch of law.
The proper characterisation of a preliminary objection
The court adopted the Mukisa Biscuit definition: a preliminary objection raises a pure point of law on assumed facts and cannot be raised where facts must be ascertained or discretion exercised.
The court cited the classic definition from Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Limited as the governing test for what constitutes a valid preliminary objection, framing the single issue as whether the Respondent's objection warranted dismissal of the petition in limine.
Legal principles established
#- A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.
- Upholding an immunity-based preliminary objection against a petition calling for interpretation of the immunity-granting instruments vis-a-vis the Constitution would improperly limit the specialised jurisdiction of the Employment and Labour Relations Court.
Court orders
#- 1.The preliminary objection raised by the Respondent is overruled with costs being in the petition
- Jurisdiction invoked
- Constitution of Kenya, 2010 - specialised jurisdiction of the Employment and Labour Relations Court to interpret the Constitution in employment and labour related matters; Articles 22, 28 and 41
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nancy Macnally v International Centre of Insect Physiology and Ecology (ICIPE) [2016] KEELRC 114 (KLR)", Case Analysis (2016). Petition (Employment and Labour Relations Court, Nairobi) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/114/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.