[2018] KEHC 7790 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal as the dispute falls within the exclusive jurisdiction of the Employment and Labour Relations Court. The matter had been transferred to the High Court at Naivasha in error, and the proper course was to transfer the proceedings to...
Source-derived case information.
- Citation
- [2018] KEHC 7790 (KLR)
- Parties
- Appellant: Homegrown (K) Limited; Respondent: David Kabugo Muchiri
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 69 of 2015
- Procedural Posture
- Civil Appeal / Order for Transfer to Proper Court
- Outcome
- Transferred to Employment and Labour Relations Court.
- Judges
- CW Meoli
- Legal Topics
- Jurisdiction of Employment Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Homegrown (K) Limited
Appellant
David Kabugo Muchiri
Respondent
Procedural Posture
Civil Appeal / Order for Transfer to Proper Court
Legal Issues
- 1 Whether the High Court has jurisdiction to hear the appeal or if it lies with the Employment and Labour Relations Court.
- 2 Whether the matter should be transferred to the appropriate court for determination.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal as the dispute falls within the exclusive jurisdiction of the Employment and Labour Relations Court. The matter had been transferred to the High Court at Naivasha in error, and the proper course was to transfer the proceedings to the Employment and Labour Relations Court Registry at Nakuru for further handling, including the fixing of a judgment date. The court acted on its own motion to correct the jurisdictional defect and ensure the matter is heard by the appropriate forum.
Court Disposition
Transferred to Employment and Labour Relations Court.
Orders
- The matter is transferred to the Employment and Labour Relations Court Registry at Nakuru for fixing of a judgment date.
- The matter will be placed before Radido J on 5th April, 2018.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIVASHA
CIVIL APPEAL NO. 69 OF 2015
(Formerly Nakuru HCCA No. 162 of 2010)
(Being an appeal from a Judgment of the CM’S Court Naivasha
in Civil Case No. 383 of 2007, N. N. Njagi - PM)
HOMEGROWN (K) LIMITED..........................APPELLANT
-VERSUS-
DAVID KABUGO MUCHIRI..........................RESPONDENT
13/3/2018
Before Hon. Lady Justice C. Meoli, J
O R D E R
1. Having perused the record herein as well as the submissions by the parties, I have noted that this matter falls squarely in the jurisdiction of the Employment and Labour Relations Court, and was transferred here by the High Court at Nakuru, overlooking this fact.
2. I direct that the matter be transferred to the Employment and Labour Relations Court Registry at Nakuru, for the purpose of fixing a judgment date as the respective parties have filed their submissions.
3. The matter will be placed before Radido J on 5th April, 2018. Notices be urgently served on the parties. The court regrets that it has made this discovery very late in the day.
13. 3.2018
C. MEOLI
JUDGE