[2016] KEELRC 1771 (KLR)
The court found that the dispute before it arises out of an employment relationship between an employer and an employee. Article 162(2) of the Constitution and Section 12(1) of the Industrial Court Act 2011 expressly confer jurisdiction on the Employment and Labour Relations Court to hear such matters. The court...
Source-derived case information.
- Citation
- [2016] KEELRC 1771 (KLR)
- Parties
- Claimant: Joseph Makanga Ong'ayo; Respondent: Japeth Walutila
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1866 of 2014
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Jurisdiction of Employment Court, Unlawful Dismissal, Limitation Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Makanga Ong'ayo
Claimant
Japeth Walutila
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear the dispute between the claimant and respondent.
- 2 Whether the claim is time-barred under the relevant statutes.
Ratio Decidendi
The court found that the dispute before it arises out of an employment relationship between an employer and an employee. Article 162(2) of the Constitution and Section 12(1) of the Industrial Court Act 2011 expressly confer jurisdiction on the Employment and Labour Relations Court to hear such matters. The court further noted that the claim was filed within the statutory period following the claimant's dismissal. Consequently, the preliminary objection challenging the court's jurisdiction was found to be without merit and was dismissed.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed.
- The court affirms its jurisdiction to hear and determine the matter.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
ATNAIROBI
CAUSE NO. 1866 OF 2014
(Before Hon. Justice Hellen S. Wasilwa on 27th January, 2016)
JOSEPH MAKANGA ONG’AYO……………………………..CLAIMANT
VERSUS
JAPETH WALUTILA……………………………….....….RESPONDENT
RULING
1. The Respondents have raised a Preliminary Objection in this matter to the effect that this Court lacks jurisdiction to entertain this suit.
2. The Claimants filed their grounds of opposition and stated this Court has jurisdiction to entertain this matter as donated by the Constitution and Industrial Court Act 2011. They also aver that the claim is not time barred as Claimant was dismissed on 10th April 2013 and case was filed in Court on 22nd October 2014. They want application dismissed for being frivolous vexations and otherwise as abuse of Court process.
3. The Claimant filed his claim on 22. 10. 2014 claiming unlawful/unfair dismissal from employment, underpayment of salary and non-payment of terminal dues.
4. The Claimant states that he had been employed by Respondent from April 2004 as caretaker and security guard at Respondents construction site at Sabaki near Mlolongo and was summarily dismissed on 10th April 2013.
5. Article 162(2) of Constitution provides for establishment of this Court to hear employment and labour relations matters. Pursuant to this Article, the Industrial Court Act 2011 was enacted by Parliament and the jurisdiction is provided for under Section 12(1) of Industrial Act 2011 which states as follows:
“(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referredto it in accordance with Article 162(2) of the Constitutionand the provisions of this Act or any other written lawwhich extends jurisdiction to the Court relating toemployment and labour relations including:-
(a) disputes relating to or arising out of employment between an employer and an employee; (b) disputes between an employer and a trade union; (c) disputes between an employers’ organisation and a trade unions organisation; (d) disputes between trade unions; (e) disputes between employer organizations; (f) disputes between an employers’ organisation and a trade union; (g) disputes between a trade union and a member thereof; (h) disputes between an employer’s organisation or a federation and a member thereof; (i) disputes concerning the registration and election of trade union officials; and (j) disputes relating to the registration and enforcement of collective agreements.
6. I find that the case before Court relates to a dispute relating and arising out of employment between an employer and an employee and therefore this Court has jurisdiction to entertain it. I find the Preliminary Objection without merit and I dismiss it accordingly.
Read in open Court this 27th day of January, 2016.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Wathome for Claimant - Present
No appearance for Respondent