[2021] KEHC 1199 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from an employment relationship. Pursuant to Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, the Employment and Labour Relations Court is the proper...
Source-derived case information.
- Citation
- [2021] KEHC 1199 (KLR)
- Parties
- Appellant: Kenya Power and Lighting Company Ltd; Respondent: Esther Wambui Njanja (Suing as the Legal Representative of the Estate of Master Mutugi Kirimi Gichuki)
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 27 of 2015
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court at Nyeri for determination.
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Jurisdiction of Courts, Employment Related Death, Appeals From Magistrates Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power and Lighting Company Ltd
Appellant
Esther Wambui Njanja (Suing as the Legal Representative of the Estate of Master Mutugi Kirimi Gichuki)
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine an appeal arising from an employment and labour dispute.
- 2 Which court is vested with appellate jurisdiction over employment and labour matters from the Magistrate's Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from an employment relationship. Pursuant to Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, the Employment and Labour Relations Court is the proper forum for such appeals. The court emphasized that jurisdiction is conferred by law and not by the parties or the court itself. Consequently, the High Court ordered the transfer of the appeal to the Employment and Labour Relations Court at Nyeri, which has the requisite jurisdiction to hear and determine the matter.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court at Nyeri for determination.
Orders
- The appeal is transferred to the Employment and Labour Relations Court at Nyeri.
- The Deputy Registrar is directed to act on these orders.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
CIVIL APPEAL NO. 27 OF 2015
KENYA POWER AND LIGHTING COMPANY LTD..............................APPELLANT
VERSUS
ESTHER WAMBUI NJANJA (Suing as the Legal Representative of the
Estate of Master Mutugi Kirimi Gichuki.................................................RESPONDENT
DIRECTIONS ON THE APPEAL
1. The Appellant, Kenya Power and Lighting and Company Limited was dissatisfied with the trial court’s judgment delivered in favour of the Respondent on the 8. 7.2015.
A perusal of the pleadings and the judgment speak to the fact that the Respondent (deceased), was an employee of the Appellant and while in the course of his employment at his assigned place of work was electrocuted and died instantly.
2. As a result, the Respondent through his legal representative the Respondent filed the lower court suit (Principal Magistrate’s Court at Baricho, Civil Case No. 5 of 2014) seeking compensation against the Appellant for negligence under the Law Reform Act and the Fatal Accident’s Act.
The suit was heard and judgment delivered in favour of the Respondent on the 8. 7.2015. This judgment is the subject of this Appeal.
3. From the onset, there is no doubt that the original claim arises from an employment and labour relationship.
The first Appellate Court that ought to hear and determine the appeal is the court with the requisite jurisdiction on Employment and Labour matters - Motor Vessel “Lillian S” V. Caltex Oil (K) Ltd. (1989) KLR1.
A court’s jurisdiction flows from the Constitution Article 165 and Statute. It cannot abrogate itself such jurisdiction.
4. The Employment and Labour Relations Court Act, Chapter 234 Bestablished the Employment and Labour Relations Court in 2011 to deal with such matters, pursuant to Article 162 (2) of the Constitution. Section 12states the court’s jurisdiction, thus (a) disputes relating to or arising out of employment between an employer and an employee, among others.
Thus, the court with the requisite jurisdiction on appeal from a Magistrate’s Court is the Employment and Labour Relations Court, not the High Court.
5. To that extent then, I find and hold that this Appeal is not properly before the High Court and ought to be Re-directed to the court with jurisdiction, the Employment and Labour Relations Court at Nyeri.
An order of transfer of this Appeal to the above cited court is hereby issued by this court for necessary action. The Deputy Registrar of this court is directed to act on these orders.
Orders Accordingly.
Dated and Signed this…………...day of………..……….2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA ON THE 18TH DAY OF NOVEMBER 2021
R. M. MWONGO
JUDGE