[2018] KEELRC 2429 (KLR)
The court found that the Chief Magistrates Court did not have jurisdiction to hear and determine the employment contract dispute because the Chief Justice had not gazetted any Magistrates to handle such matters as required by law. Consequently, the application to transfer the suit to the Employment and Labour...
Source-derived case information.
- Citation
- [2018] KEELRC 2429 (KLR)
- Parties
- Applicant: Bonface Kioko Mutiso; Respondent: Victory Construction Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 16 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit Due to Jurisdiction
- Outcome
- application allowed
- Judges
- MSA Makhandia
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Kioko Mutiso
Applicant
Victory Construction Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit Due to Jurisdiction
Legal Issues
- 1 Whether the Chief Magistrates Court has jurisdiction to hear and determine employment contract disputes under Article 162 of the Constitution.
- 2 Whether the suit should be transferred to the Employment and Labour Relations Court due to lack of jurisdiction in the Magistrates Court.
Ratio Decidendi
The court found that the Chief Magistrates Court did not have jurisdiction to hear and determine the employment contract dispute because the Chief Justice had not gazetted any Magistrates to handle such matters as required by law. Consequently, the application to transfer the suit to the Employment and Labour Relations Court was allowed to ensure the matter is heard by a court with proper jurisdiction.
Court Disposition
application allowed
Orders
- The application dated 13th February 2018 is allowed.
- The suit Nairobi CMCC No. 5464 of 2011 is transferred to the Employment and Labour Relations Court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC APPLICATION NO. 16 OF 2018
BONFACE KIOKO MUTISO................................................APPLICANT
v
VICTORY CONSTRUCTION COMPANY LTD..............RESPONDENT
RULING
1. The applicant instituted legal proceedings against the Respondent before the Chief Magistrates Court, being Nairobi CMCC No. 5464 of 2011, Boniface Kioko Mutiso v Victory Construction Co. Ltd on 14 November 2011.
2. In the suit, the applicant alleged breach of contract.
3. The applicant now seeks that the suit be transferred to this Court because of jurisdictional concerns and he cites Article 162 of the Constitution.
4. The application was served upon the Respondent but it did not bother to file any grounds in opposition.
5. Although the Chief Justice is given authority to designate certain Magistrates Court with authority to hear and determine causes of action anchored on the employment contract, no gazettement has been done.
6. The Court therefore allows the application dated 13th February 2018, with costs being in the cause.
Delivered, dated and signed in Nairobi on this 2nd day of March 2018.
Radido Stephen
Judge
Appearances
For Claimant Mr. Sagini instructed by Ndemo Sagini & Co. Advocates
For Respondent A.I. Onyango & Co. Advocates
Court Assistant Lindsey