[2024] KEHC 12862 (KLR)

[2024] KEHC 12862 (KLR)

The High Court lacks jurisdiction to hear and determine disputes relating to employment and labour relations, as such jurisdiction is exclusively conferred upon the Employment and Labour Relations Court by Article 162(2)(a) of the Constitution of Kenya 2010 and Section 12 of the Employment and Labour Relations Act....

Source-derived case information.

Citation
[2024] KEHC 12862 (KLR)
Parties
Appellant: Equator Bottlers Ltd; Respondent: Betty Nekesa
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E164 of 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/jurisdiction
Outcome
Appeal and notice of motion struck out for want of jurisdiction; no order as to costs; file closed.
Judges
MS Shariff
Legal Topics
Jurisdiction of High Court, Employment Disputes, Transfer of Matters, Constitutional Mandate, Employment and Labour Relations Court
Source Language
en
Employment and Labour Jurisdiction of High Court Employment Disputes Transfer of Matters Constitutional Mandate Employment and Labour Relations Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Equator Bottlers Ltd

Appellant

Betty Nekesa

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection/jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear and determine employment and labour relations disputes.
  2. 2 Whether the appeal and notice of motion should be struck out for want of jurisdiction.

Ratio Decidendi

The High Court lacks jurisdiction to hear and determine disputes relating to employment and labour relations, as such jurisdiction is exclusively conferred upon the Employment and Labour Relations Court by Article 162(2)(a) of the Constitution of Kenya 2010 and Section 12 of the Employment and Labour Relations Act. Consequently, the appeal and the attendant notice of motion are struck out for want of jurisdiction.

Court Disposition

Appeal and notice of motion struck out for want of jurisdiction; no order as to costs; file closed.

Orders

  • The appeal and the notice of motion dated 26.8.2024 are struck out for want of jurisdiction.
  • No orders as to costs.