Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherELRC Cause No. E1016 of 2025· [2026] KEELRC 2522 (KLR)

James Jalango v Pfungwa Serma

Employment and Labour Relations Court of Kenya
24 September 2026
BMB. O. M. Manani
1,102 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The Claimant sued the Respondent alleging that the Respondent circulated a resolution to NCBA, KCB, Stanbic and DTB banks stating that the Claimant had been suspended from duty and removed as a signatory to bank accounts of Metrofile Records Management Kenya Ltd, which the Claimant alleged was defamatory and issued in the course of an employment relationship. The Respondent applied for a declaration that the ELRC lacks jurisdiction under section 12 of the ELRC Court Act, contending the tort of defamation is triable only by the High Court and that no employer-employee relationship existed between the parties. The Claimant opposed, invoking section 2 of the Employment Act to argue that the Respondent, as manager of his employer, stood in the position of an employer, and that the court has jurisdiction over ancillary claims such as defamation arising from employment. The court observed that the Respondent had not yet filed a defence and that the objection was not a pure point of law. Noting a purported contract of service on the file that had not been formally tendered in evidence, the court held that the existence of an employment relationship is a mixed question of law and fact determinable only after trial. It declined to rule on jurisdiction at the preliminary stage, directed that the jurisdiction question be determined after full trial, and ordered that costs of the application abide the results of the trial.

Key legal issues

#
01

Jurisdiction of the ELRC over defamation claims arising allegedly in the course of employment

Holding

Determination deferred to full trial because it depends on proof of an employment relationship, a mixed question of law and fact

Reasoning

The Respondent's jurisdictional objection rests on the assertion that no employment relationship existed. The Claimant invoked section 2 of the Employment Act, contending the Respondent, as manager of his employer, stood in the position of an employer. A contract of service was on the file but not formally tendered in evidence, so the court could not make a conclusive finding at the preliminary stage.

p. 5
02

Whether a jurisdictional objection founded on facts may be raised without pleading support

Holding

The court observed it would have been preferable for the Respondent to file a defence first, as the issue is anchored on law and fact

Reasoning

The court noted the Respondent had not filed a defence to contest the existence of an employment relationship. Since the jurisdictional objection depends on facts, it is not a pure point of law capable of being raised without allusion in the pleadings.

p. 4

Legal principles established

#
  • Whether parties had an employment relationship is a mixed question of law and fact that cannot be conclusively resolved on a preliminary jurisdictional application without trial evidence

Court orders

#
  1. 1.The court declined to determine whether there was an employment relationship between the parties at the preliminary stage
  2. 2.The question of jurisdiction, anchored on whether the parties had an employment relationship, shall be determined after full trial
  3. 3.Costs of the application will abide the results of the trial
Jurisdiction invoked
Section 12 of the Employment and Labour Relations Court Act (in dispute); Employment Act, section 2 invoked by Claimant

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "James Jalango v Pfungwa Serma", Case Analysis (2026). ELRC Cause No. E1016 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2522/eng@2026-09-24

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