[2023] KEHC 25232 (KLR)
The High Court lacks jurisdiction to entertain appeals arising from employer-employee disputes, as such matters are statutorily reserved for the Employment and Labour Relations Court. The appeal was therefore not properly before the High Court and must be redirected to the appropriate forum with jurisdiction.
Source-derived case information.
- Citation
- [2023] KEHC 25232 (KLR)
- Parties
- Appellant: Kenafric Industries Limited; Respondent: Ibrahim Makhuha Mbilu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 124 of 2010
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Appeal redirected to the Employment and Labour Relations Court for want of jurisdiction.
- Judges
- JN Mulwa
- Legal Topics
- Jurisdiction of Court, Employer Employee Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenafric Industries Limited
Appellant
Ibrahim Makhuha Mbilu
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal arising from an employer-employee dispute.
- 2 Whether the appeal should be redirected to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain appeals arising from employer-employee disputes, as such matters are statutorily reserved for the Employment and Labour Relations Court. The appeal was therefore not properly before the High Court and must be redirected to the appropriate forum with jurisdiction.
Court Disposition
Appeal redirected to the Employment and Labour Relations Court for want of jurisdiction.
Orders
- The appeal is to be redirected to the Employment and Labour Relations Court.
- The Deputy Registrar is directed to action these directions.
Full Case Text
Judgment text and source record
20 paragraphs
Kenafric Industries Limited v Mbilu (Civil Appeal 124 of 2010) [2023] KEHC 25232 (KLR) (Civ) (9 November 2023) (Directions)
Neutral citation: [2023] KEHC 25232 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 124 of 2010
JN Mulwa, J
November 9, 2023
Between
Kenafric Industries Limited
Appellant
and
Ibrahim Makhuha Mbilu
Respondent
(An appeal against the Judgment and Decree of the Senior Principal Magistrates Court at Nairobi in Civil Case No. 7301of 2005 delivered by Hon. A. K. Ndungu (SPM) on 8th March, 2010)
Directions
1. This appeal arose from the trial court’s judgment delivered on 13/10/2010. The dispute before the said court was over an employee and employer. The Appellant being dissatisfied lodged this appeal in this court. Under section 12 of the Employment and Labour Relations Court, all disputes between employers and employees are to be dealt with before the Employment and Labour Relations Court.
2. In the premises this appeal cannot be entertained in this Court for lack of Jurisdiction. Let the appeal be redirected to the court with jurisdiction. the deputy registrar of this court to action these directions
Orders accordingly.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 9TH DAY OF NOVEMBER 2023. JANET MULWAJUDGE