Kirui v Access Bank (Kenya) Limited (Cause E893 of 2023) [2024] KEELRC 89 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court can issue conservatory orders restraining the state agencies from summoning, arraigning, prosecuting the Claimant or interfering with his liberty
Key legal issues
#Whether the ELRC has jurisdiction to restrain criminal justice agencies from investigating and prosecuting a claimant
It does not; the orders sought exceed the Court's employment and labour relations mandate
The Claimant sought conservatory orders against the DCI–Banking Fraud, the Inspector-General of Police and the DPP to restrain his summons, arraignment and prosecution. The Court held that issuing such orders is not within its mandate, as the relief sought goes beyond employment and labour relations disputes, and the Claimant must pursue his grievance in the proper forum by way of a Petition.
Legal principles established
#- The Employment & Labour Relations Court lacks jurisdiction to grant conservatory orders restraining criminal investigation and prosecution agencies; such relief must be sought in the proper jurisdiction through a Petition.
Court orders
#- 1.A declaration that the orders sought by the Claimant through his application dated 30th January 2024 are not within the jurisdiction of the Employment & Labour Relations Court
- 2.The Application declined for want of jurisdiction
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the Employment & Labour Relations Court; the Court found the orders sought fell outside it
Relief refused
#Conservatory orders restraining the Respondents from summoning, arraigning and/or prosecuting the Claimant or interfering with his liberty
The orders sought are beyond the employment and labour relations jurisdiction; the Claimant ought to file a Petition in the right jurisdiction
Costs
No costs order made in the judgment
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is not in the mandate of this Court to issue the orders sought. The Claimant ought to file a Petition, against the said state agencies, in the right jurisdiction.
The orders sought by the Claimant, through his application dated 30th January 2024, are not within the jurisdiction of the Employment & Labour Relations Court.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kirui v Access Bank (Kenya) Limited (Cause E893 of 2023) [2024] KEELRC 89 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/89/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.