[2018] KEHC 3880 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to employment and labour relations, including claims arising from industrial accidents involving employer-employee relationships. This is in accordance with Articles 162(2) and 165(5) of the Constitution of Kenya, 2010,...
Source-derived case information.
- Citation
- [2018] KEHC 3880 (KLR)
- Parties
- Appellant: Jacob Lubwa Watayi; Respondent: West Kenya Sugar Co. Limited
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 15 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Transferred to the Employment and Labour Relations Court at Kisumu for final disposal.
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of Courts, Industrial Accident Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Lubwa Watayi
Appellant
West Kenya Sugar Co. Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Does the High Court have jurisdiction to hear employment and labour relations disputes after the promulgation of the 2010 Constitution?.
- 2 Should the matter be transferred to the Employment and Labour Relations Court?.
- 3 Is the claim arising from an industrial accident within the exclusive jurisdiction of the Employment and Labour Relations Court?.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to employment and labour relations, including claims arising from industrial accidents involving employer-employee relationships. This is in accordance with Articles 162(2) and 165(5) of the Constitution of Kenya, 2010, which confer exclusive jurisdiction over such matters to the Employment and Labour Relations Court. Consequently, the court ordered the transfer of the matter to the appropriate forum for final disposal.
Court Disposition
Transferred to the Employment and Labour Relations Court at Kisumu for final disposal.
Orders
- This matter is transferred to the Employment and Labour Relations Court at Kisumu for final disposal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL APPEAL NO. 15 OF 2015
JACOB LUBWA WATAYI.................................APPELLANT
VERSUS
WEST KENYA SUGAR CO. LIMITED........RESPONDENT
(An appeal arising from the judgment and decree of the Hon. P. Achieng, Acting
Principal Magistrate in Kakamega CMCCC No. 468 of 2011 of 23rd January 2015)
RULING
1. In the course of preparing judgment herein it has come to my attention that the suit turned on a claim arising from an industrial accident. The appellant was an employee of the respondent.
2. The dispute in the matter relates to employment and labour relations. The High Court no longer has jurisdiction over such matters in view of Articles 162(2) and 165(5) of the Constitution.
3. Jurisdiction lies with the Employment and Labour Relations Court.
4. I shall accordingly order that this matter be transferred to the Employment and Labour Relations Court at Kisumu for final disposal.
DATED, SIGNED and DELIVERED at KAKAMEGA this 28th DAY OF September, 2018
W. MUSYOKA
JUDGE