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ELRCDismissedNot stated in judgment

Kirui v Access Bank (Kenya) Limited (Cause E893 of 2023) [2024] KEELRC 89 (KLR)

Employment & Labour Relations Court
31 January 2024
174 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Claimant filed an application dated 30th January 2024, under Certificate of Urgency, seeking conservatory orders against the Directorate of Criminal Investigations–Banking Fraud, the Inspector-General of Police and the Director of Public Prosecutions. He asked the Court to restrain these state agencies from summoning, arraigning and/or prosecuting him, or in any way interfering with his liberty. The Respondents' agencies were thus to be barred from taking any criminal justice steps against him. The Court, per James Rika, Judge, held that issuing such orders is not within its mandate. It observed that the Claimant ought to file a Petition against the state agencies in the right jurisdiction, as the orders sought are beyond the employment and labour relations jurisdiction of the ELRC. The application was accordingly declined for want of jurisdiction. In its final orders of 31st January 2024, the Court declared the orders sought not within the jurisdiction of the Employment & Labour Relations Court and dismissed the application for want of jurisdiction. No costs order was made, and no authorities or statutory provisions were cited in the judgment. The practical effect is that the Claimant retains the liberty to pursue his challenge to the threatened criminal proceedings in a court of competent jurisdiction, but cannot obtain such conservatory relief from the ELRC in these proceedings.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 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

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01

Whether the ELRC has jurisdiction to restrain criminal justice agencies from investigating and prosecuting a claimant

Holding

It does not; the orders sought exceed the Court's employment and labour relations mandate

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 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. 2.The Application declined for want of jurisdiction

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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

p. 1

Costs

No costs order made in the judgment

Quotable passages

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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.
p. 1Lack of jurisdiction over criminal justice restraint orders
The orders sought by the Claimant, through his application dated 30th January 2024, are not within the jurisdiction of the Employment & Labour Relations Court.
p. 1Final order - jurisdiction

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.