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ELRCDismissedApplication dated 10th March 2025 (arising from MCELRC No. E1708 of 2022)· [2025] KEELRC 2977 (KLR)

Ngaari v Maina (Miscellaneous Application E071 of 2025) [2025] KEELRC 2977 (KLR)

Employment and Labour Relations Court
30 October 2025
1,834 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to rescue an employment case filed in the wrong court, so the claimant's 2022 suit effectively died.

What this practically means

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Executive summary

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This ELRC ruling by Manani J dismissed an application dated 10th March 2025 seeking transfer of the Applicant's employment suit to the ELRC. The suit had been filed in the Magistrate's Court (MCELRC No. E1708 of 2022), where the Respondent's preliminary objection succeeded; on 8th August 2024 the trial court declared it lacked geographical jurisdiction and gave the Applicant four months to move the ELRC for transfer, with the matter to stand automatically dismissed if she did not. The Applicant did not act within that window, filing her transfer application on 11th March 2025, over seven months later. The court held that upon declaring want of jurisdiction the trial court became functus officio and should have downed its tools entirely, following the Supreme Court in Shollei v JSC and the locus classicus Owners of the Motor Vessel 'Lillian S' v Caltex Oil. Relying on the Court of Appeal's decision in Insight Management Consultants Ltd, the court held that the ELRC lacks power under Article 162(2) to transfer to itself a case filed in a court without jurisdiction, since that would breathe life into a nullity contrary to ex nihilo nihil fit. The Applicant's reliance on Simon Kiarie v Samwel Muigai Thuku (on countrywide magisterial jurisdiction) was distinguished because that case arose on appeal, whereas the jurisdiction ruling here stands unchallenged and cannot be collaterally reopened. The application was dismissed with each party bearing own costs.

Key legal issues

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01

Effect of a court's declaration of want of jurisdiction on its competence to give further directions

Holding

Upon declining jurisdiction the trial court became functus officio and its further directions, including the window to apply for transfer, were improper

Reasoning

The court relied on the Supreme Court decision in Shollei v JSC and the Owners of the Motor Vessel 'Lillian S' principle that a court without jurisdiction must down its tools entirely. The trial court should not have listed the matter for mention or given directions after declaring want of jurisdiction.

p. 2
02

Whether the ELRC may transfer a suit filed in a court without jurisdiction

Holding

No - following the Court of Appeal in Insight Management Consultants Ltd, the ELRC cannot transfer to itself and thereby revive a case filed in a court without jurisdiction

Reasoning

The Court of Appeal held that Article 162(2) does not empower the ELRC to transfer a case from a Magistrate's Court that lacked jurisdiction in the first place; to do so would breathe life into a nullity contrary to the maxim ex nihilo nihil fit.

p. 3
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Whether the High Court decision in Simon Kiarie v Samwel Muigai Thuku on countrywide magisterial jurisdiction assists the Applicant

Holding

It does not; that decision arose on appeal whereas here the jurisdiction ruling stands unchallenged and cannot be collaterally re-evaluated

Reasoning

In Simon Kiarie the issue of geographical jurisdiction was raised as a ground of appeal from the Magistrate's Court decision. Here the Applicant never appealed or sought review of the ruling declining jurisdiction, so this court cannot reopen its correctness.

p. 4

Legal principles established

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  • Once a court concludes it has no jurisdiction, it must down its tools entirely and cannot take further steps in the cause except perhaps as to costs
  • A decision of a subordinate court on jurisdiction that is not challenged on appeal or review remains in force and cannot be reopened collaterally

Court orders

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  1. 1.The application dated 10th March 2025 for transfer of suit is dismissed
  2. 2.Each party to bear own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution in relation to a transfer application

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, "Ngaari v Maina (Miscellaneous Application E071 of 2025) [2025] KEELRC 2977 (KLR)", Case Analysis (2025). Application dated 10th March 2025 (arising from MCELRC No. E1708 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2977/eng@2025-10-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.