[2019] KEHC 3454 (KLR)
The court determined that although some questions in the petition are cross-cutting and could be heard by courts of equal status, the main issues concern employment and labour relations. Pursuant to Articles 162(2)(a) and 165(5)(b) of the Constitution and Section 12 of the Employment and Labour Relations Court Act,...
Source-derived case information.
- Citation
- [2019] KEHC 3454 (KLR)
- Parties
- Applicant: George Ochieng; Respondent: Governor, County Government of Siaya; Respondent: County Government of Siaya; Respondent: Speaker, County Assembly of Siaya; Respondent: County Assembly of Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Petition 37 of 2019
- Procedural Posture
- Constitutional Petition / Jurisdictional Ruling
- Outcome
- Petition withdrawn from Siaya High Court and transferred to the Employment and Labour Relations Court at Kisumu.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Employment Disputes, Public Service Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng
Applicant
Governor, County Government of Siaya
Respondent
County Government of Siaya
Respondent
Speaker, County Assembly of Siaya
Respondent
County Assembly of Siaya
Respondent
Procedural Posture
Constitutional Petition / Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the predominant issues in the petition relating to employment and labour relations.
- 2 Whether the matter should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The court determined that although some questions in the petition are cross-cutting and could be heard by courts of equal status, the main issues concern employment and labour relations. Pursuant to Articles 162(2)(a) and 165(5)(b) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, the Employment and Labour Relations Court has exclusive jurisdiction over such matters. Therefore, the High Court must decline jurisdiction and transfer the petition to the appropriate forum.
Court Disposition
Petition withdrawn from Siaya High Court and transferred to the Employment and Labour Relations Court at Kisumu.
Orders
- The petition is withdrawn from Siaya High Court.
- The file is placed before the Employment and Labour Relations Court at Kisumu for hearing and final determination.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
PETITION NO. 37 OF 2019
THE MATTER OF ARTICLES 1, 2, 3, 10, 73, 124, 159, 165, 179,
196,232 AND 259 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF SECTIONS 3, 4, 7, 8 AND 9 OF THE
LEADERSHIPAND INTERGRITY ACT NO. 19 OF 2012
AND
IN THE MATTER OF SECTIONS 30(2) AND 35 OF THE
COUNTYGOVERNMENTS ACT, 2012 (ACT NO. 17 OF 2012)
AND
IN THE MATTER OF SECTIONS 4, 5, 10 OF THE PUBLIC
SERVICE (VALUES AND PRINCIPLES) ACT, 2015
AND
IN THE MATTER OF SECTIONS 8, 10 AND 11 OF THE PUBLICAPPOINTMENT
(COUNTY ASSEMBLY APPROVAL) ACT NO. 5 OF 2017
BETWEEN
GEORGE OCHIENG................................................................................PETITIONER
VERSUS
GOVERNOR, COUNTY GOVERNMENT OF SIAYA................1ST RESPONDENT
COUNTY GOVERNMENT OF SIAYA.........................................2ND RESPONDENT
SPEAKER, COUNTY ASSEMBLY OF SIAYA............................3RD RESPONDENT
COUNTY ASSEMBLBY OF SIAYA..............................................4TH RESPONDENT
AND
DR. ELIZABETH A. ADHIAMBO..................................1ST INTERESTED PARTY
JAOKO OBURU ODINGA..............................................2ND INTERESTED PARTY
ENG. ADRIAN OUMA.....................................................3RD INTERESTED PARTY
DISMAS OMONDI WAKLA...........................................4TH INTERESTED PARTY
GEORGE MISORE...........................................................5TH INTERESTED PARTY
BENHARD O. MBOHA...................................................6TH INTERESTED PARTY
CHARLES ODUOR OGADA...........................................7TH INTERESTED PARTY
DOROTHY OWINO..........................................................8TH INTERESTED PARTY
RULING OF THE COURT
1. I have on my own motion perused the pleadings herein as filed and the prayers sought in the Petition and application dated 13. 8.2019 and I am persuaded that the Court with competent jurisdiction to hear and determine the predominant issues in the Petition and in the application is the Employment and Labour Relations Court. This is so in view of Articles 162(2) (a), 165(5)(b) of the Constitution and Section 12(2) and (7) of the Employment and labour Rations Court Act.
2. Albeit some of the questions raised in the petition are cross cutting and therefore this Court does share jurisdiction with the Court of equal status, I must on the understanding that the main issues are Employment and Labour Relations, down my tools and direct that this file be placed before the Employment and Labour Relations Court at Kisumu for hearing and final determination.
3. Accordingly this Petition is wholly withdrawn from Siaya High Court and placed before the Employment and Labour Relations Court (ELRC) at Kisumu forthwith for further directions and actions mention on 16. 10. 2019 at Kisumu ELRC.
Dated, signed and delivered at Siaya this 18th September, 2019.
R.E. ABURILI
JUDGE