The High Court on Tuesday dismissed a petition seeking to compel GlaxoSmithKline Pharmaceutical Kenya Ltd (GSK) to deposit more than Sh100 million in court, pending the determination of an employment dispute filed by a former worker.
Justice Alfred Mabeya dismissed the case by Pauline Wambui Gichuki, saying the High Court has no jurisdiction over a case pending before the Employment and Labour Relations Court (ELRC).
Ms Gichuki was fired in 2018 and she wanted the former employer compelled to deposit the money in court, fearing that the company was planning to exit the Kenyan market and defeat her case.
The pharmaceutical firm, however, dismissed the claims and said it would be adopting a distributor-led model to supply the country with its products.
“What the petitioner is simply asking the court is to help the ELRC to safeguard any damages for a case pending before it,” the judge said.
The judge further said the case was incompetent because the application was made in support of another case pending before a different court. The judge struck out the case and ordered the file closed.
Ms Gichuki wanted the company to deposit the money in court, arguing that the company will soon cease to have a local presence.
She argued the deposit requested is to secure the case and that the application was not made in bad faith but for justice to prevail. “If they win the case their money will remain theirs,” she submitted.
The former medical sales representative has filed a separate case, which is pending before the ELRC, seeking compensation for wrongful sacking.
But GSK said Ms Gichuki made unsupported allegations that the company would stop Kenya operations from May this year.
The firm said it remains a going concern and was at liberty to adjust its commercial model and to engage with business partners and government agencies.
