[2014] KEHC 5305 (KLR)
The High Court determined that it lacks jurisdiction to consider the application for leave to file a suit out of time in a matter concerning employment and alleged wrongful dismissal. Such matters fall within the exclusive jurisdiction of the Industrial Court (now Employment and Labour Relations Court) as provided...
Source-derived case information.
- Citation
- [2014] KEHC 5305 (KLR)
- Parties
- Applicant: Dedan Nderitu Wanjohi; Respondent: Kenya Revenue Authority; Respondent: The Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 107 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
- Outcome
- matter transferred to the Industrial Court for determination
- Judges
- MM Kasango
- Legal Topics
- Limitation of Actions, Leave to File Out of Time, Wrongful Dismissal, Malicious Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dedan Nderitu Wanjohi
Applicant
Kenya Revenue Authority
Respondent
The Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Suit Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction to grant leave to file a suit out of time for alleged wrongful dismissal and malicious prosecution.
- 2 Whether the application should be determined by the Industrial Court under the Constitution.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to consider the application for leave to file a suit out of time in a matter concerning employment and alleged wrongful dismissal. Such matters fall within the exclusive jurisdiction of the Industrial Court (now Employment and Labour Relations Court) as provided under Article 162(2)(a) and Article 165(5)(b) of the Constitution. Consequently, the court ordered the transfer of the matter to the Industrial Court sitting in Mombasa for determination of the prayers sought in the Originating Summons.
Court Disposition
matter transferred to the Industrial Court for determination
Orders
- The matter is transferred to the Industrial Court sitting in Mombasa for determination of the prayers sought in the Originating Summons.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 107 OF 2013(O.S)
IN THE MATTER OF: LEAVE UNDER SECTION 27 OF THE LIMITATION OF ACTIONS ACT (CAP 22 LAWS OF KENYA)
AND
IN THE MATTER OF: LEAVE TO FILE SUIT OUT OF TIME
BETWEEN
DEDAN NDERITU WANJOHI …………………………………… APPLICANT
AND
KENYA REVENUE AUTHORITY ………………………….1ST RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTION ………….2ND RESPONDENT
RULING
The Applicant DEDAN NDERITU WANJOHI has filed this action by Originating Summons seeking that leave be granted to him to file out of time suit against the two Respondents. The action is based on Sections 22 and 27 of The Limitation of Actions Act Cap 22.
Although after hearing the matter the judgment was reserved for today but in my consideration of that judgment I formed the opinion that if such leave will be considered it ought to be considered by the Industrial Court. This is because the Applicant seeks leave to file a suit out of time for his alleged wrongful and malicious dismissal from employment by the 1st Respondent after what he terms as malicious prosecution by the 2nd Respondent.
In view of what is stated above and in accordance with Article 162(2) (a) and Article 165(5) (b) of the Constitution of Kenya I do hereby transfer this matter to the Industrial Court sitting in Mombasa for the Court to determine the prayers sought in the Originating Summons.
It is so ordered.
DATED and DELIVERED at MOMBASA this 15TH day of MAY, 2014.
MARY KASANGO
JUDGE