[2014] KEHC 3185 (KLR)

[2014] KEHC 3185 (KLR)

The High Court at Malindi lacks jurisdiction to hear employment disputes, which are within the exclusive purview of the Industrial Relations Court in Mombasa. The matter must therefore be transferred to that court. Additionally, the defendant's persistent failure to comply with pretrial directions since 2012...

Source-derived case information.

Citation
[2014] KEHC 3185 (KLR)
Parties
Plaintiff: Hafidhi Mwinyi Mwatsahu; Defendant: Kenya Wildlife Services
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Civil Suit 146 of 2010
Procedural Posture
Civil Suit / Ruling on Transfer and Costs
Outcome
Matter transferred to the Industrial Relations Court in Mombasa; defendant to pay plaintiff's costs for the day and court adjournment fees.
Judges
CW Meoli
Legal Topics
Jurisdiction Transfer, Employment Dispute, Pretrial Noncompliance
Source Language
en
Employment and Labour Jurisdiction Transfer Employment Dispute Pretrial Noncompliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hafidhi Mwinyi Mwatsahu

Plaintiff

Kenya Wildlife Services

Defendant

Procedural Posture

Civil Suit / Ruling on Transfer and Costs

Legal Issues

  1. 1 Whether the High Court at Malindi has jurisdiction to hear the employment dispute.
  2. 2 Whether the matter should be transferred to the Industrial Relations Court in Mombasa.
  3. 3 Whether the defendant should bear costs for failure to comply with pretrial directions.

Ratio Decidendi

The High Court at Malindi lacks jurisdiction to hear employment disputes, which are within the exclusive purview of the Industrial Relations Court in Mombasa. The matter must therefore be transferred to that court. Additionally, the defendant's persistent failure to comply with pretrial directions since 2012 justifies an order for the defendant to pay the plaintiff's costs for the day and court adjournment fees.

Court Disposition

Matter transferred to the Industrial Relations Court in Mombasa; defendant to pay plaintiff's costs for the day and court adjournment fees.

Orders

  • The suit is transferred to the Industrial Relations Court in Mombasa.
  • The defendant shall pay Mr. Hamza's costs for today.