[2021] KEHC 5802 (KLR)
The High Court lacks jurisdiction to hear and determine employment and labour disputes, which are exclusively reserved for the Employment and Labour Relations Court under Article 162(2)(a) of the Constitution. Since the present application arises from an employment matter, it must be struck out for want of...
Source-derived case information.
- Citation
- [2021] KEHC 5802 (KLR)
- Parties
- Applicant: Erastus Ochieng Ouma; Respondent: Transmara Sugar Company Ltd
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E1 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction
- Outcome
- suit struck out for want of jurisdiction
- Judges
- RPV Wendoh
- Legal Topics
- Jurisdiction of Elrc, Employment Disputes, Constitutional Mandate, Striking Out Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Ochieng Ouma
Applicant
Transmara Sugar Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to determine an employment dispute arising from ELRC 4/2019.
- 2 Whether the matter should be heard by the Employment and Labour Relations Court under Article 162(2)(a) of the Constitution.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine employment and labour disputes, which are exclusively reserved for the Employment and Labour Relations Court under Article 162(2)(a) of the Constitution. Since the present application arises from an employment matter, it must be struck out for want of jurisdiction. The court further noted that both parties' counsel were aware of this jurisdictional limitation but failed to raise it, necessitating the court's intervention on its own motion.
Court Disposition
suit struck out for want of jurisdiction
Orders
- This suit is struck out.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MIGORI
Coram R. Wendoh
MIS CIVIL APPLICTAION NO. E1 OF 2020
ERASTUS OCHIENG OUMA...........................................APPLICANT
Versus
TRANSMARA SUGAR COMPANY LTD.......................RESPONDENT
RULING
I have duly perused the pleadings herein and the pleadings and ruling in ELRC 4/2019, from which this application arises. It is clear that this is an employment matter which should be determined by the Employment and Labour Relations Court set up under Article 162 (2) (a) of the Constitution. This court has no jurisdiction to handle it. The counsel involved in this matter are aware of that fact but never raised this issue with the court. For that reason, this suit is struck out with each party bearing its own costs.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 29TH DAY OF JUNE, 2021
R. WENDOH
JUDGE
Ruling delivered in the presence of:-
No appearance for the Applicant
No appearance for the Respondent
Ms Nyauke Court Assistant