[2021] KEHC 1798 (KLR)
The High Court determined that it lacked jurisdiction to hear the appeal because the dispute arose from an employer-employee relationship, which falls exclusively within the jurisdiction of the Employment and Labour Relations Court as established by Articles 162(2) and 165(5) of the Constitution of Kenya....
Source-derived case information.
- Citation
- [2021] KEHC 1798 (KLR)
- Parties
- Appellant: Kaimosi Tea Estates Limited; Respondent: Leonard Owino Obure
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 77 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out for want of jurisdiction
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of High Court, Employment Relationship, Transfer of Suits, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaimosi Tea Estates Limited
Appellant
Leonard Owino Obure
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes arising from employment and labour relations.
- 2 Whether the High Court can transfer a suit over which it lacks jurisdiction to the appropriate court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear the appeal because the dispute arose from an employer-employee relationship, which falls exclusively within the jurisdiction of the Employment and Labour Relations Court as established by Articles 162(2) and 165(5) of the Constitution of Kenya. Furthermore, based on binding Court of Appeal authority, the High Court cannot transfer a matter over which it has no jurisdiction to another court. Consequently, the appeal was filed in the wrong forum and was incompetent, necessitating its striking out with costs to the respondent.
Court Disposition
appeal struck out for want of jurisdiction
Orders
- The appeal is struck out for want of jurisdiction.
- The respondent shall have the costs of the appeal.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL APPEAL NO. 77 OF 2017
KAIMOSI TEA ESTATES LIMITED.........APPELLANT
VERSUS
LEONARD OWINO OBURE ..................RESPONDENT
JUDGMENT
1. According to the plaint filed in the primary suit, dated 25th April 2017, the appellant herein was the employer of the respondent. That would mean that there was an employer-employee relationship between them, and the dispute before the court related to labour relations. The High Court has no jurisdiction, since 2010, to handle disputes that turn on employment and labour relations, by dint of Articles 162(2) and 165(5) of the Constitution of Kenya. That would mean that I have no jurisdiction to handle the appeal herein.
2. By dint of the decisions of the Court of Appeal in Phoenix of EA Assurance Company Limited vs. SM Thiga t/a Newspaper Service [2019] eKLR (Karanja, Gatembu & Sichale JJA) and Equity Bank Limited vs. Bruce Mutie Mutuku t/a Diani Tour Travel [2016] eKLR (Makhandia, Ouko & M’Inoti JJA), to the effect that where the High Court has no jurisdction over a matter before it, it would have no jurisdiction, under sections 17 and 18 of the Civil Procedure Act, Cap 21, Laws of Kenya, to transfer the suit, in respect of which it has no jurisdiction, to the court with jurisdiction.
3. The appeal before me was filed at the wrong forum, before a court which has no jurisdiction to entertain it. It is, therefore, incompetent. It is accordingly struck out. The respondent shall have the costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 26TH DAY OF NOVEMBER,2021
W. MUSYOKA
JUDGE