[2018] KEHC 1210 (KLR)
The dispute arises from an employer-employee relationship and concerns alleged failure to provide a safe working environment, which are matters squarely within the purview of employment and labour relations. The Constitution expressly removes such matters from the jurisdiction of the High Court and vests them in the...
Source-derived case information.
- Citation
- [2018] KEHC 1210 (KLR)
- Parties
- Appellant: Holden Investments Limited; Respondent: Lawrence Likuli Incheho
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 20 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal transferred for want of jurisdiction.
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of High Court, Employment Relationship, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Holden Investments Limited
Appellant
Lawrence Likuli Incheho
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Does the High Court have jurisdiction to hear an appeal arising from an employer-employee dispute?
- 2 Should the matter be transferred to the Employment and Labour Relations Court?
Ratio Decidendi
The dispute arises from an employer-employee relationship and concerns alleged failure to provide a safe working environment, which are matters squarely within the purview of employment and labour relations. The Constitution expressly removes such matters from the jurisdiction of the High Court and vests them in the Employment and Labour Relations Court. Consequently, the High Court cannot entertain the appeal and must transfer the matter to the appropriate court for determination.
Court Disposition
Appeal transferred for want of jurisdiction.
Orders
- The appeal is hereby transferred to the Employment and Labour Relations Court sitting at Kisumu for further directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 20 OF 2016
HOLDEN INVESTMENTS LIMITED ..............................................APPELLANT
VERSUS
LAWRENCE LIKULI INCHEHO..................................................RESPONDENT
(An appeal arising from the ruling and order of the Hon. J Ong’ondo, Senior Resident Magistrate (SRM), in Kakamega CMCCC No. 5 of 2014 of 16th February 2016)
RULING
1. The Constitution 2010, at Article 162(2), establishes a special court to handle disputes that revolve around industrial and labour relations. Article 165(5) of the same Constitution strips the High Court of jurisdiction over such matters.
2. For avoidance of doubt, Article 162(2) states as follows:–
‘Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to –
(a) employment and labour relations; and
(b) the environment and the use and occupation of, and title to, land.’
3. On the other hand, Article 165(5) of the Constitution states as follows:-
‘The High Court shall not have jurisdiction in respect of matters-
(a) reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or
(b) falling within the jurisdiction of the courts contemplated in Article 162(2).’
4. In obedience to Article 162(2) of the Constitution, Parliament did, through the Employment and Labour Relations Court Act, No. 20 of 2011, establish such a court, known as the Employment and Labour Relations Court. The jurisdiction of the Employment and Labour Relations Court is set out in section 17 of the Employment and Labour Relations Court Act. The said court has exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution, relating to employment and labour relations, which includes disputes relating to or arising out of employment between an employer and an employee.
5. The pleadings lodged at the lower court disclose that the parties hereto were in an employer and employee relationship at the time material of the dispute at hand. The cause of action is said to have arisen in the course of the said employment. It is alleged in the plaint that the incident the subject of the suit arose on account of failure to provide a safe working environment, among other labour related grounds. The suit therefore turns on matters that relate to industrial or employment or labour relations.
6. It follows that I, sitting as Judge of the High Court, have no jurisdiction to deal with the appeal placed before me. The dispute in question falls squarely within the mandate of the Employment and Labour Relations Court. I shall accordingly direct that the matter be transferred to the Employment and Labour Relations Court sitting at Kisumu for further directions.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER , 2018
W. MUSYOKA
JUDGE