[2019] KEHC 3843 (KLR)
The High Court lacks jurisdiction to hear and determine disputes that fall within the exclusive mandate of the Employment and Labour Relations Court, even when such disputes are framed as constitutional petitions. Jurisdiction is conferred by the Constitution and statute, not by the parties or the manner in which...
Source-derived case information.
- Citation
- [2019] KEHC 3843 (KLR)
- Parties
- Applicant: Aggrey Ajwang Juma; Respondent: Kenya Railways Corporation
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Petition 41 of 2019
- Procedural Posture
- Constitutional Petition / Jurisdictional Ruling
- Outcome
- Petition withdrawn from the High Court for want of jurisdiction and directed to be filed before the Employment and Labour Relations Court at Kisumu.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Employment Disputes, Constitutional Petitions, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aggrey Ajwang Juma
Applicant
Kenya Railways Corporation
Respondent
Procedural Posture
Constitutional Petition / Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine employment and labour relations disputes couched as constitutional petitions.
- 2 Whether the petition should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine disputes that fall within the exclusive mandate of the Employment and Labour Relations Court, even when such disputes are framed as constitutional petitions. Jurisdiction is conferred by the Constitution and statute, not by the parties or the manner in which the claim is presented. Since the dispute concerns employment and labour relations, it must be heard by the Employment and Labour Relations Court as per Article 162(2)(a) and Section 12 of the Employment and Labour Relations Court Act. The petition is therefore withdrawn from the High Court and directed to be filed before the Employment and Labour Relations Court at Kisumu, with...
Court Disposition
Petition withdrawn from the High Court for want of jurisdiction and directed to be filed before the Employment and Labour Relations Court at Kisumu.
Orders
- Petition withdrawn from the High Court at Siaya.
- Petitioner to refile the petition before the Employment and Labour Relations Court at Kisumu at no extra cost.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 41 OF 2019
AGGREY AJWANG JUMA .......................... PETITIONER
VERSUS
KENYA RAILWAYS CORPORATION...... RESPONDENT
RULING:
1. I have perused the petition herein by the Petitioner and the reliefs sought. I note that the dispute relates to Employment and Labour relations, couched as a Constitutional Petition. Be as it may, Article 162(2)(a) of the Constitution empowers the Employment and Labour Relations Court to hear and determine such disputes whether Constitutional Petitions or Otherwise.
2. In addition, Article 165(5)(b) of the Constitution expressly bars the High Court from hearing and determining disputes exclusively reserved for the Courts contemplated in Article 162 of the Constitution.
3. The Petition herein can safely be heard and determined by the Employment and Labour Relations Court, pursuant to Section 12(1)(2) and (7) of the Employment and Labour Relations Court Act.
4. Accordingly, I decline to hear and determine this Petition on account of jurisdiction and direct that the Petitioner shall refile his petition before an Employment and Labour Relations Court at Kisumu at no extra cost since he has already paid Court fees to the Judiciary.
5. This is in line with Article 48 of the Constitution which stipulate that the State shall facilitate access to justice and where a fee is required, it shall not be excessive.
6. This Court observes that the Petition is eclectic and therefore the Petitioner believed that the High Court could hear and determine it. However, as jurisdiction is not conferred by parties but by the Constitution and Statute, I order this Petition withdrawn from this Court to be placed before Employment and Labour Relations Court, Kisumu for further disposal.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF OCTOBER, 2019.
R.E. ABURILI
JUDGE