Wesonga v AAA Growers Ltd
The bottom line
#A Kenyan court refused to transfer an employment case filed in the wrong court, ruling a case filed without jurisdiction cannot simply be moved.
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 should correct the error of filing in the lower court by ordering transfer of the suit to itself
Key legal issues
#Whether the ELRC can transfer a suit erroneously filed in the Chief Magistrate's Court which lacked pecuniary jurisdiction
No; a suit filed in a court without jurisdiction is incapable of transfer, and counsel's error does not justify transfer.
The court applied the binding Supreme Court decision in Mumba v Munyao, which restates Kagenyi v Musiramo: transfer under section 18 presupposes the originating court had jurisdiction. The Applicant admitted the lower court lacked jurisdiction since his salary exceeded Kshs. 80,000. Article 159(2)(d) could not cure a jurisdictional defect going to the root of the suit.
Legal principles established
#- An order for transfer of a suit cannot be made unless the suit was first brought to a court with jurisdiction to try it; parties cannot confer jurisdiction by consent.
Court orders
#- 1.Dismissal of the Notice of Motion dated 17th April 2026
- 2.Costs to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 18(1)(b) of the Civil Procedure Act invoked for transfer; ELRC jurisdiction under its statute
Relief refused
#Stay of proceedings in MCELRC/E578/2026
Motion dismissed; suit incapable of transfer
Transfer of Cause No. E578 of 2026 from the Chief Magistrate's Court to the ELRC
A suit filed in a court without jurisdiction cannot be transferred; Kagenyi v Musiramo principle applied
Costs
Notice of Motion dismissed with costs to the Respondent
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.
an order for transfer of a suit from one court to another cannot be made unless the suit has been brought, in the first instance, to a court which has jurisdiction to try it.
The Applicant’s counsel knowingly filed the suit before a court without jurisdiction and must bear the consequence of doing that without due diligence.
Consequently, I dismiss the Notice of Motion dated 17th April 2026 with costs.
Issues in the judgment
#Cause number inconsistency
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wesonga v AAA Growers Ltd", Case Analysis (2026). Miscellaneous Application E189 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2641/eng@2026-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.