[2012] KEHC 5670 (KLR)

[2012] KEHC 5670 (KLR)

The High Court determined that, although Article 162(2) of the Constitution provides for the establishment of courts with the status of the High Court to hear employment and labour relations disputes, such courts had not yet been operationalized at the time the petition was filed. Section 33 of the Industrial Court Act, 2011, further provides that pending proceedings before the Industrial Court shall continue until the new court is operational. The matters complained of occurred prior to the establishment of the new Industrial Court, and the petition concerns alleged violations of constitutional rights. The High Court, therefore, retains original jurisdiction to hear and determine such...

Citation
[2012] KEHC 5670 (KLR)
Parties
Petitioner: Brookside Dairy Ltd; Respondent: The Attorney General; Respondent: The Industrial Court of Kenya; Applicant: Bakery Confectionery Food Manufacturing and Allied Workers Union (K)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
6 February 2012
Case Number
Petition 33 of 2011
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed; High Court affirms jurisdiction
Judges
DAS Majanja
Legal Topics
Jurisdiction of High Court, Enforcement of Fundamental Rights, Status of Industrial Court, Labour Disputes, Constitutional Interpretation
Source Language
English
Constitutional Law Employment and Labour Jurisdiction of High Court Enforcement of Fundamental Rights Status of Industrial Court Labour Disputes Constitutional Interpretation

Case Brief

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Parties

Brookside Dairy Ltd

Petitioner

The Attorney General

Respondent

The Industrial Court of Kenya

Respondent

Bakery Confectionery Food Manufacturing and Allied Workers Union (K)

Applicant

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear and determine a petition arising from a labour dispute in light of Article 162(2) of the Constitution.
  2. 2 Whether the Industrial Court has exclusive jurisdiction over enforcement of fundamental rights and freedoms in employment and labour matters.
  3. 3 Whether the High Court's original jurisdiction under Articles 22 and 258 of the Constitution is ousted by the establishment of the Industrial Court.

Ratio Decidendi

The High Court determined that, although Article 162(2) of the Constitution provides for the establishment of courts with the status of the High Court to hear employment and labour relations disputes, such courts had not yet been operationalized at the time the petition was filed. Section 33 of the Industrial Court Act, 2011, further provides that pending proceedings before the Industrial Court shall continue until the new court is operational. The matters complained of occurred prior to the establishment of the new Industrial Court, and the petition concerns alleged violations of constitutional rights. The High Court, therefore, retains original jurisdiction to hear and determine such...

Court Disposition

preliminary objection dismissed; High Court affirms jurisdiction

Orders

  • The preliminary objection is dismissed.
  • The High Court shall proceed to hear and determine the petition.