[2003] KEHC 776 (KLR)

[2003] KEHC 776 (KLR)

The court recognizes that an amendment to the Trade Unions Act, effective 7th June 2002, has altered the appellate jurisdiction over decisions of the Registrar of Trade Unions, now vesting such appeals in the Judge of the Industrial Court. The High Court must consider whether it retains jurisdiction over appeals...

Source-derived case information.

Citation
[2003] KEHC 776 (KLR)
Parties
Appellant: Francis C. Nkorogo & 5 Others; Respondent: The Registrar of Trade Unions
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 410 of 2002
Procedural Posture
Civil Appeal / Judgment (preliminary Ruling on Jurisdiction)
Outcome
No final determination; parties invited to address jurisdiction.
Legal Topics
Trade Unions, Jurisdiction of High Court, Right of Appeal, Industrial Court Jurisdiction
Source Language
en
Employment and Labour Trade Unions Jurisdiction of High Court Right of Appeal Industrial Court Jurisdiction

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Summary, issues, holding and outcome

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Parties

Francis C. Nkorogo & 5 Others

Appellant

The Registrar of Trade Unions

Respondent

Procedural Posture

Civil Appeal / Judgment (preliminary Ruling on Jurisdiction)

Legal Issues

  1. 1 Whether the High Court retains jurisdiction to hear appeals against decisions of the Registrar of Trade Unions after the amendment to the Trade Unions Act.
  2. 2 Whether the right of appeal now lies exclusively to the Industrial Court Judge.

Ratio Decidendi

The court recognizes that an amendment to the Trade Unions Act, effective 7th June 2002, has altered the appellate jurisdiction over decisions of the Registrar of Trade Unions, now vesting such appeals in the Judge of the Industrial Court. The High Court must consider whether it retains jurisdiction over appeals filed prior to the amendment or whether the new law applies to pending cases. The court, therefore, invites counsel to address the question of jurisdiction before proceeding further, indicating that the determination of jurisdiction is a threshold issue that must be resolved in light of the statutory amendment.

Court Disposition

No final determination; parties invited to address jurisdiction.

Orders

  • Counsel for both parties to address the court on the question of the High Court's jurisdiction to hear the appeal in light of the amendment to the Trade Unions Act.