[2017] KEHC 8021 (KLR)
The High Court lacks jurisdiction to hear and determine appeals arising from employment relationships, as such matters are reserved for the Employment and Labour Relations Court under the Constitution and relevant statutes. The central issue in controversy is whether the respondent was an employee of the appellant,...
Source-derived case information.
- Citation
- [2017] KEHC 8021 (KLR)
- Parties
- Appellant: Alliance One Tobacco Co. Ltd; Respondent: Judith Akoth Auma
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 13 of 2016
- Procedural Posture
- Civil Appeal / Jurisdictional Determination Prior to Judgment
- Outcome
- Appeal transferred for want of jurisdiction.
- Legal Topics
- Jurisdiction of Courts, Employment Relationship, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alliance One Tobacco Co. Ltd
Appellant
Judith Akoth Auma
Respondent
Procedural Posture
Civil Appeal / Jurisdictional Determination Prior to Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the appeal involving an employment relationship.
- 2 Whether the matter should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals arising from employment relationships, as such matters are reserved for the Employment and Labour Relations Court under the Constitution and relevant statutes. The central issue in controversy is whether the respondent was an employee of the appellant, which squarely places the dispute within the exclusive jurisdiction of the specialized court. Accordingly, the High Court must transfer the matter to the Employment and Labour Relations Court for determination.
Court Disposition
Appeal transferred for want of jurisdiction.
Orders
- The High Court has no jurisdiction in this appeal.
- The Deputy Registrar shall cause this file to be transferred to the Employment and Labour Relations Court at Kisumu.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MIGORI
CIVIL APPEAL NO. 13 OF 2016
ALLIANCE ONE TOBBACCO CO. LTD..................................... APPELANT
-VERSUS-
JUDITH AKOTH AUMA.........…............................................. RESPONDENT
(Being an appeal from the judgment and decree by Hon. E. Muriuki Nyagah. Senior Resident Magistrate in Migori Chief Magistrate's Civil Suit No. 324 of 2015 delivered on 28/01/2016).
FURTHER DIRECTIONS
1. Initial directions were taken to the effect that the appeal was to be disposed of by way of written submissions. Parties filed their respective submissions but did not highlight the same. The appeal was then set for judgment.
2. When the Court retired to write the judgment, it realized that one of the main issues in controversy is whether or not the Respondent was an employee of the Appellant. The issue was brought up in the Memorandum of Appeal and canvassed in the submissions as well.
3. In view of the clear provisions of Articles 162(2)and 165(5) of the Constitution, Section 12of the Industrial Court Act, Chapter 234 of the Laws of Kenya and on the strength of the binding holding of the Supreme Court in the case of Re: The matter of the Interim Independent Electoral Commission, Constitutional Application No. 2 of 2011 on assumption of jurisdiction by Courts in Kenya, I am of the very considered position that the High Court is not legally seized of the jurisdiction in this appeal.
4. Having so said and on the guidance of the Court of Appeal decision in the case of Owners of Motor Vessel “Lilian S’ vs. Caltex Oil (Kenya) Limited (1989) KLR 1,this Court makes the following orders: -
(a) The High Court has no jurisdiction in this appeal;
(b) The Deputy Registrar shall cause this file to be transferred to the Employment and Labour Relations Court at Kisumu;
(c) This matter shall be fixed for a Mention before the Honourable Judge at Kisumu on 14/02/2017 for further orders and/or directions;
(d) Costs be in cause.
DELIVERED, DATED and SIGNED at MIGORI this 30th day of January 2017
A. C. MRIMA.
JUDGE