[2017] KEHC 791 (KLR)
The court found that the dispute concerned nonpayment of salaries to county assembly staff, which is an employment and labour matter. Article 162(2) of the Constitution mandates that such disputes fall within the jurisdiction of the Employment and Labour Relations Court, not the High Court. Consequently, the High...
Source-derived case information.
- Citation
- [2017] KEHC 791 (KLR)
- Parties
- Petitioner: Bomet County Assembly Service Board; Respondent: County Executive Member for Finance; Respondent: Governor Bomet County; Interested Party: Controller of Budget
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Petition 8 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection/jurisdiction
- Outcome
- petition dismissed for want of jurisdiction
- Judges
- GO Shikwe
- Legal Topics
- Jurisdiction of High Court, Employment Disputes, Nonpayment of Salaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bomet County Assembly Service Board
Petitioner
County Executive Member for Finance
Respondent
Governor Bomet County
Respondent
Controller of Budget
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to employment and labour matters involving county assembly staff.
- 2 Whether the petition should have been filed before the Employment and Labour Relations Court.
Ratio Decidendi
The court found that the dispute concerned nonpayment of salaries to county assembly staff, which is an employment and labour matter. Article 162(2) of the Constitution mandates that such disputes fall within the jurisdiction of the Employment and Labour Relations Court, not the High Court. Consequently, the High Court lacks jurisdiction to entertain the petition, and the matter should have been filed before the appropriate court. The petition was therefore dismissed for want of jurisdiction.
Court Disposition
petition dismissed for want of jurisdiction
Orders
- The petition is dismissed for want of jurisdiction.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
PETITION NO. 8 OF 2017
BOMET COUNTY ASSEMBLY SERVICE BOARD....................PETITIONER
=VERSUS=
THE COUNTY EXECUTIVE
MEMBER FOR FINANCE…………………….....………1ST RESPONDENT
THE GOVERNER BOMET COUNTY …………….……2ND RESPONDENT
- AND -
THE CONTROLLER OF BUDGET…………................INTERESTED PARTY
RULING
The Notice of Motion application dated 14th Day of July 2017 seeks the following orders;-
1. Spent
2. That an order do issue against the Respondents that, pending the hearing and determination of the application interpartes, the Respondents release to the county assembly all moneys meant for operations of the county assembly including for payment of salaries meant for members and staff of the county assembly of Bomet.
3. That an order be issued against the Respondents that, pending the hearing and determination of the petition herein, the Respondents releases to the county assembly all moneys meant for operations of the county assemble including for the payment of salaries meant for members of staff of the county assembly of Bomet.
4. That pending the hearing and determination of this petition this honourable court be pleased to issue a conservatory order restraining the respondents from utilizing the county assembly’s unspent recurrent funds for 2016/2017 financial year.
The grounds being that:-
1. That first respondent is abusing his position as county executive member of finance to unlawfully and unfairly deny the members and staff of Bomet county their salaries.
2. That the Respondents are misusing public office.
3. That the employees of the County Assembly through their unions have issued a strike threat notice.
Once again as in petition No. 7 of 2017 the dispute is between an employer and employees on nonpayment of salaries. This petition also falls squarely on matters employment and labour.
Article 165(5) of the Constitution provides:- the High Court shall not have jurisdiction on respect of matters:-
(a) Reserved for the exclusive Jurisdiction of the Supreme court under this Constitution; or
(b) Falling within the jurisdiction of the courts contemplated on article 162(2).
Article 162(2) of the Constitution provides:- Parliament shall establish courts with the status of the High court to hear and determine disputes relating to:-
(a) Employment and labour relations; and
(b) The environment and the use and occupation of, and title to land
Having found that this petition falls on matters employment and labour it is my considered view that same ought to have been filed before the Employment and Labour Court which it has the necessary jurisdiction.
This court lacks jurisdiction and the petition is dismissed. Each party to bear its own costs.
Ruling delivered dated and signed in open court this 11th day of October 2017 before learned counsel for Mr. Mugumya holding brief Matwere for 1st and 2nd Respondents, learned counsel for 3rd Respondent present
Petitioner Mr. Langat , court assistant Rotich.
M. MUYA
JUDGE
11/10/2017
Certified copies of the ruling to be supplied to the counsels.
M. MUYA
JUDGE
11/10/2017