[2017] KEHC 7514 (KLR)
The High Court lacks jurisdiction to hear and determine appeals arising from employment and labour relations disputes, as such jurisdiction is vested exclusively in the Employment and Labour Relations Court by statute. Consequently, the appeal must be transferred to the appropriate court for determination.
Source-derived case information.
- Citation
- [2017] KEHC 7514 (KLR)
- Parties
- Appellant: Carzan Flowers (K) Limited; Respondent: Judy Cherono Korir
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 167 of 2012
- Procedural Posture
- Civil Appeal / Direction on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for want of jurisdiction.
- Judges
- JK Mulwa
- Legal Topics
- Jurisdiction of Employment and Labour Relations Court, Transfer of Appeals, Exclusive Jurisdiction, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carzan Flowers (K) Limited
Appellant
Judy Cherono Korir
Respondent
Procedural Posture
Civil Appeal / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine employment and labour relations appeals.
- 2 Whether the appeal 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 and labour relations disputes, as such jurisdiction is vested exclusively in the Employment and Labour Relations Court by statute. Consequently, the appeal must be transferred to the appropriate court for determination.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court for want of jurisdiction.
Orders
- The appeal is transferred to the Employment and Labour Relations Court.
- Parties to take a mention date before the Employment and Labour Relations Court Judge for directions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER167 OF 2012
CARZAN FLOWERS(K)LIMITED............................................ APPELLANT
VERSUS
JUDY CHERONO KORIR.........................................................RESPONDENT
(Being an appeal from the Judgment/Decree of Hon. MWANIKI, Senior Resident Magistrate, Nakuru, delivered on 7th August, 2012 in Nakuru CMCC No. 2193 of 2006)
DIRECTIONS
The dispute subject of this appeal as may be discerned from pleadings in the trial court revolve around Employment and Labour Relations.
Section 12 of the Employment and Labour Relations Act Chapter 234Bgives the Employment and Labour Relations Court exclusive and original appellate jurisdiction to hear and determine disputes arising from employment disputes.
For those reasons, this court lacks jurisdiction to entertain the appeal, a preserve of the Employment and Labour Relations Court. I order a transfer of the appeal to the said Employment and Labour Relations Court.
Parties have filed their respective submissions on the appeal.
They will proceed to take a mention date before the Employment and Labour Relations Court Judge to take directions on the progression of the appeal.
Dated, Signed and Delivered this 2nd Day of February 2017
JANET MULWA
JUDGE