This archive report was first published on 4 November 2019.
On November 4, 2019, Justice Maureeen Onyango made a significant ruling in a contract dispute between Africa Trade Insurance Agency (ATI) CEO George Oduori Otieno and the agency itself.
According to the ruling, Kenyan courts can adjudicate the case since ATI, the continent's largest insurance agency, is subject to the Constitution and laws of Kenya.
ATI had raised objections to the suit, claiming that the Employment and Labour Relations Court (ELRC) lacked jurisdiction to determine issues raised by Mr. Otieno since it was given immunity during its inception.
However, Justice Onyango disagreed, stating that Article 16 (1) of the ATI is not framed to confer absolute immunity against litigation.
Mr. Otieno's lawyer, Titus Koceyo, is urging the court to declare Article 16 (1)(b) of the Treaty establishing ATI, dated May 18, 2001, unconstitutional, null and void.
Mr. Otieno had filed the petition on May 20, 2019, after ATI moved to terminate his contract, which he claims was set to expire in 2021.
Justice Onyango had previously stopped ATI from firing Mr. Otieno pending the hearing and determination of the suit in May.
