[2015] KEHC 4146 (KLR)
The court found that the issues of wrongful dismissal and defamation were inseparable and both arose from the plaintiff's employment relationship with the defendants. Since the claim was fundamentally employment-related, jurisdiction lay not with the High Court but with the specialized court designated to handle...
Source-derived case information.
- Citation
- [2015] KEHC 4146 (KLR)
- Parties
- Plaintiff: Joseph C. Langat; Defendant: Wilson K. Rono; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Case 53 of 2005
- Procedural Posture
- Civil Case / Directions on Jurisdiction and Transfer
- Outcome
- Suit transferred to the Environment & Land Related Court for hearing and determination.
- Legal Topics
- Wrongful Dismissal, Defamation, Jurisdiction, Terminal Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph C. Langat
Plaintiff
Wilson K. Rono
Defendant
Another
Defendant
Procedural Posture
Civil Case / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a claim involving wrongful dismissal and defamation arising from employment.
- 2 Whether the matter should be heard in the Environment & Land Related Court.
Ratio Decidendi
The court found that the issues of wrongful dismissal and defamation were inseparable and both arose from the plaintiff's employment relationship with the defendants. Since the claim was fundamentally employment-related, jurisdiction lay not with the High Court but with the specialized court designated to handle employment and labour disputes. The fact that the defendants had not previously raised the issue of jurisdiction did not vest the High Court with authority to hear the matter. Accordingly, the suit was transferred to the Environment & Land Related Court for hearing and determination.
Court Disposition
Suit transferred to the Environment & Land Related Court for hearing and determination.
Orders
- The suit is hereby transferred to the Environment & Land Related Court for hearing and determination.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CIVIL CASE NO 53 OF 2005
JOSEPH C. LANGAT ---------------------------------------------------PLAINTIFF
VERSUS
WILSON K. RONO & ANOTHER-----------------------------DEFENDANTS
DIRECTIONS.
When this matter came for directions on 1/7/2015 Mr. Mbeche for the Plaintiff was of the view that the matter proceeds for hearing before this Court.
On the other hand Mrs. Bett for the defendants was of the view that being employment related matter it should be heard in the Environment & Land Related Court. I have perused the file, including the pleadings and the evidence of the plaintiff.
The plaintiff claims to have been wrongfully dismissed on the basis of false allegations. It is these alleged false allegations which are the basis of the defamation claim.
When the 1st Defendant wrote the letter the basis of the defamation he did so as an employee of the 2nd defendant, and on behalf of the 2nd defendant who was the plaintiff's employer.
There is no way the issue of dismissal can be separated from the defamation. They go hand in hand. He has also made a claim for terminal benefits.
The fact that the Defendants had not earlier on raised the issue of Jurisdiction does not confer Jurisdiction to this Court.
I therefore find that its the Environment & Land Related Court which has Jurisdiction to deal with this suit. The same is hereby transferred to the said Court for hearing and determination.
Dated, Signed and Delivered in Open Court this 3rd Day of July 2015.
H.I. ONG'UDI
JUDGE.
In the presence of:
Mr. Mbeche Moses for Plaintiff.
Mr. Koech for defendants.
Robert – Court Assistant.