[2018] KEHC 1216 (KLR)
The dispute arises from an employer-employee relationship and concerns alleged breaches of contract and statutory duty within the context of employment. Article 162(2) of the Constitution mandates the establishment of specialized courts for employment and labour relations, and Article 165(5) expressly removes such...
Source-derived case information.
- Citation
- [2018] KEHC 1216 (KLR)
- Parties
- Appellant: Johnstone Katsika Malala; Respondent: Mumias Sugar Company Limited
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 53 of 2012
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- The High Court lacks jurisdiction; matter transferred to the Employment and Labour Relations Court.
- 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
Johnstone Katsika Malala
Appellant
Mumias Sugar Company Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine disputes relating to employment and labour relations after the establishment of the Employment and Labour Relations Court under Article 162(2) of the Constitution?
- 2 Should the present appeal be transferred to the Employment and Labour Relations Court?
Ratio Decidendi
The dispute arises from an employer-employee relationship and concerns alleged breaches of contract and statutory duty within the context of employment. Article 162(2) of the Constitution mandates the establishment of specialized courts for employment and labour relations, and Article 165(5) expressly removes such matters from the jurisdiction of the High Court. Parliament has operationalized this through the Employment and Labour Relations Court Act, which grants exclusive jurisdiction to the Employment and Labour Relations Court. Therefore, the High Court is divested of jurisdiction in this matter, and the proper course is to transfer the appeal to the Employment and Labour Relations...
Court Disposition
The High Court lacks jurisdiction; matter transferred to the Employment and Labour Relations Court.
Orders
- The appeal is 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. 53 OF 2012
JOHNSTONE KATSIKA MALALA.......................................APPELLANT
VERSUS
MUMIAS SUGAR COMPANY LIMITED...........................RESPONDENT
(An appeal arising from the judgment and decree of the Hon. P Achieng, Senior Resident Magistrate (SRM), in Kakamega CMCCC No. 420 of 2011 of 8th June 2012)
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 a breach of the contract of employment between the two parties or by reason of breach of a statutory duty of care by the employer. 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