[2018] KEHC 4012 (KLR)
The court determined that the dispute arose from an employer-employee relationship and concerned an accident occurring in the course of employment. Under Articles 162(2) and 165(5) of the Constitution, the High Court does not have jurisdiction over employment and labour relations matters; such jurisdiction is vested...
Source-derived case information.
- Citation
- [2018] KEHC 4012 (KLR)
- Parties
- Applicant: Daniel Ayub; Respondent: Agroline Hauliers Ltd
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 124 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application transferred to the Employment and Labour Relations Court at Kisumu for disposal.
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Employment Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ayub
Applicant
Agroline Hauliers Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Does the High Court have jurisdiction to hear a dispute arising from an employer-employee relationship?
- 2 Should the matter be transferred to the Employment and Labour Relations Court?
Ratio Decidendi
The court determined that the dispute arose from an employer-employee relationship and concerned an accident occurring in the course of employment. Under Articles 162(2) and 165(5) of the Constitution, the High Court does not have jurisdiction over employment and labour relations matters; such jurisdiction is vested in the Employment and Labour Relations Court. Consequently, the High Court cannot entertain the application and must transfer the matter to the appropriate court for determination.
Court Disposition
Application transferred to the Employment and Labour Relations Court at Kisumu for disposal.
Orders
- This matter is transferred to the Employment and Labour Relations Court at Kisumu for disposal.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISC. APPLICATION NO. 124 OF 2018
DANIEL AYUB....................................APPLICANT
VERSUS
AGROLINE HAULIERS LTD.......RESPONDENT
RULING
1. The originating Motion dated 9th July 2018 seeks leave to appeal out of time, against a decision made in Kakamega CMCCC No. 161 of 2017 on 6th March 2018 by Hon. E. Malesi, Senior Resident Magistrate.
2. In the course of preparing the ruling herein I have noted from a copy of the judgemnet of 6th March 2018 that there was an employer-employee relationship between the parties hereto and the accident the subject of the suit occurred in the course of normal employment.
3. The dispute in the matter no doubt relates to employment and labour relations. The High Court does not have jurisdiction over such matters in view of Articles 162(2) and 165(5) of the Constitution. Jurisdiction lies with the Employment and Labour Relations Court.
4. I shall accordingly order that this matter be transferred to the Employment and Labour Relations Court at Kisumu for disposal. .
DATED, SIGNED and DELIVERED at KAKAMEGA this 28TH DAY OF SEPTEMBER, 2018
W. MUSYOKA
JUDGE