[2019] KEHC 2043 (KLR)
The court determined that the subject matter of the petition, being the impeachment of a County Executive Committee Member for Health, is fundamentally an employment and labour relations dispute. Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act vest exclusive jurisdiction over...
Source-derived case information.
- Citation
- [2019] KEHC 2043 (KLR)
- Parties
- Petitioner: Dorothy Owino; Respondent: County Assembly of Siaya; Respondent: Speaker, County Assembly of Siaya; Respondent: Governor, County Government of Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 40 of 2019
- Procedural Posture
- Constitutional Petition / Jurisdictional Ruling
- Outcome
- Petition transferred for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Impeachment Proceedings, Natural Justice, County Government, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Owino
Petitioner
County Assembly of Siaya
Respondent
Speaker, County Assembly of Siaya
Respondent
Governor, County Government of Siaya
Respondent
Procedural Posture
Constitutional Petition / Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the petition relating to the impeachment of a County Executive Committee Member for Health.
- 2 Whether the dispute falls within the exclusive jurisdiction of the Employment and Labour Relations Court as established under Article 162(2)(a) of the Constitution.
Ratio Decidendi
The court determined that the subject matter of the petition, being the impeachment of a County Executive Committee Member for Health, is fundamentally an employment and labour relations dispute. Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act vest exclusive jurisdiction over such matters in the Employment and Labour Relations Court. Article 165(5)(b) of the Constitution expressly bars the High Court from hearing disputes reserved for courts of equal status. Consequently, the High Court declined jurisdiction and directed that the matter be placed before the Employment and Labour Relations Court, Kisumu, for further directions and disposal. The court...
Court Disposition
Petition transferred for want of jurisdiction.
Orders
- The file shall be placed before the Employment and Labour Relations Court, Kisumu, for further directions and disposal.
- Parties shall not be required to refile the petition and responses.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 40 OF 2019
AND
IN THE MATTER OF VIOLATIONS OF THE FUNDAMENTAL RIGHTS OF THE PETITIONER UNDER ARTICLES 2, 3, 10, 20, 22, 27, 47, 50, 165, 179, 258 AND 259 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF THE COUNTY GOVERNMENT ACT, 2012, SECTINS 14, 31 AND 40
AND
IN THE MATTER OF STANDING ORDER NO. 73(9) AND 74(I) (b) AND (2) OF THE SIAYA COUNTY ASSEMBLY STANDING ORDERS
IN THE MATTER OF IMPEACHMENT OF THE PETITIONER FROM OFFICE AS COUNTY EXECUTIVE COMMITTEE MEMBER FOR HEALTH
AND
IN THE MATTER OF PRINCIPLES OF NATURAL JUSTICE
DOROTHY OWINO.....................................................................PETITIONER
VERSUS
THE COUNTY ASSEMBLY OF SIAYA............................1ST RESPONDENT
THE SPEAKER,COUNTY ASSEMBLY OF SIAYA......2ND RESPONDENT
GOVERNOR,COUNTY GOVERNMENT OF SIAYA...3RD RESPONDENT
RULING
1. I have perused the pleadings in this Petition, the responses thereto by the Respondents and the applicable law.In my humble view, the subject matter of the dispute relates to Employment and Labour Relations.
2. Article 162 (2) (a) of the Constitution contemplates the establishment of Employment and Labour Relations Court to hear and determine disputes relating to Employment and Labour Relations.This was followed by the enactment of the Employment and Labour Relations Court Act and the Court is empowered to hear and determine not only ordinary disputes of the nature of Employment and Labour Relations but also Constitutional Petitions and Judicial Review Jurisdiction is vested in the Court as stipulated in Section 12 (1) and (7) of the Act.
3. Article 165 (5) (b) of the Constitutiontoo expressly bars this Court from hearing and determining disputes whose jurisdiction is exclusively reserved for the Supreme Court and the Courts of Equal Status Contemplated in Article 162 (2) of the Constitution.
4. That being the case, I find and hold that this Petition ought to have been filed before the Employment and Labour Relations Court.
5. Accordingly, I decline to hear the Petition and direct that this file shall be placed before Employment and Labour Relations Court, Kisumu for further directions and disposal.
6. In line with Article 48 of the Constitution on access to justice, as the parties have paid Court fees to one and the same institution being the Judiciary, they shall not be required to refile the Petition and responses. The entire file shall be transmitted to Kisumu ELRC for re-allocation of a case file member and parties to appear before the said Court for directions on 2. 12. 2019since the Petition was filed under certificate of urgency.
7. Orders accordingly.
Dated, Signed and Delivered at Siaya this 20th day of November, 2019
R.E. ABURILI
JUDGE
In the presence of:
Mr. Osiemo Adv. for the Petitioner
Mr. Amolo Adv. for the 1st and 2nd Respondents
Mr. Que Adv. for the 3rd Respondent