[2024] KEHC 13403 (KLR)
The High Court lacks jurisdiction to hear and determine appeals arising from disputes reserved for the Employment and Labour Relations Court, as such jurisdiction is expressly excluded by Article 165(5)(b) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. Any proceedings filed in...
Source-derived case information.
- Citation
- [2024] KEHC 13403 (KLR)
- Parties
- Appellant: DPL Festive Limited; Respondent: Jorim Awuor Okuny
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E219 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection/jurisdiction
- Outcome
- Appeal and application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Specialized Courts, Employment Disputes, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DPL Festive Limited
Appellant
Jorim Awuor Okuny
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/jurisdiction
Legal Issues
- 1 Whether the High Court has appellate jurisdiction over disputes reserved for the Employment and Labour Relations Court.
- 2 Whether the appeal and application are competent before the High Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals arising from disputes reserved for the Employment and Labour Relations Court, as such jurisdiction is expressly excluded by Article 165(5)(b) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. Any proceedings filed in contravention of this jurisdictional bar are incompetent and must be struck out. The court cannot arrogate to itself jurisdiction not conferred by law, and to do so would render its actions null and void. Accordingly, both the appeal and the application under certificate of urgency are struck out for want of jurisdiction.
Court Disposition
Appeal and application struck out for want of jurisdiction.
Orders
- The appeal as filed is struck out for want of jurisdiction.
- The application under certificate of urgency dated 22nd October 2024 is struck out.
Full Case Text
Judgment text and source record
23 paragraphs
DPL Festive Limited v Okuny (Civil Appeal E219 of 2024) [2024] KEHC 13403 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13403 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E219 of 2024
RE Aburili, J
October 31, 2024
Between
DPL Festive Limited
Appellant
and
Jorim Awuor Okuny
Respondent
(Arising from the Judgment and decree of Hon. G. N. Barasah, RM in Kisumu MCELRC No. E067 of 2023 rendered on 7th October, 2024)
Ruling
1. The application dated 22nd October 2024 is brought under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. On the appeal as filed, I observe that the appeal arises from the Kisumu Chief Magistrate’s CourtEmployment and Labour Relations Court vide ELRC Cause No. E067 of 2023.
3. This court has no appellate jurisdiction to hear and determine disputes relating to Employment and Labour Relations and this is jurisdiction which is taken away expressly taken away by Article 165 (5) (b) of the Constitution and Article 162 (2) (a) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act. Article 165(5) (b) of the Constitution expressly bars the High Court from hearing and determining disputes exclusively reserved for the specialized courts established under Article 162 (2) of the Constitution and the Supreme Court.
4. Jurisdiction is everything without which, a court of law acts in vain. see Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] eKLR]. Similarly, in the case of Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR, the Supreme Court reminded us that:“A court’s jurisdiction flows from either the Constitution or legislation or both. Thus, a court of law can only exercise jurisdiction as conferred by the constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law. We agree with counsel for the first and second respondents in his submission that the issue as to whether a court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes to the very heart of the matter, for without jurisdiction, the court cannot entertain any proceedings.”
5. For the above reasons, I hereby find that the appeal as filed is incompetent and for want of jurisdiction, this appeal as filed together with the application under certificate of urgency dated 22nd October 2024 are struck out with no orders as to costs.
6. This file is closed.
7. Parties to be informed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31STDAY OF OCTOBER, 2024R. E. ABURILIJUDGE