[2024] KEHC 4608 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine the petition as the issues raised concern employment matters, specifically the recruitment of village administrators by the County Assembly of Kisumu. Pursuant to Section 12 of the Employment and Labour Relations Court Act and Articles...
Source-derived case information.
- Citation
- [2024] KEHC 4608 (KLR)
- Parties
- Applicant: Mariam Abdallah Khamis; Respondent: The County Assembly Of Kisumu; Respondent: The Kisumu County Public Service Board
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E004 of 2024
- Procedural Posture
- Constitutional Petition / Preliminary Jurisdictional Ruling
- Outcome
- High Court declines jurisdiction and transfers matter to ELRC.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Elrc, Recruitment of Public Officers, Constitutional Mandate of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariam Abdallah Khamis
Applicant
The County Assembly Of Kisumu
Respondent
The Kisumu County Public Service Board
Respondent
Procedural Posture
Constitutional Petition / Preliminary Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to the recruitment of village administrators by the County Assembly of Kisumu.
- 2 Whether the Employment and Labour Relations Court (ELRC) is the proper forum for employment-related disputes involving county public service recruitment.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine the petition as the issues raised concern employment matters, specifically the recruitment of village administrators by the County Assembly of Kisumu. Pursuant to Section 12 of the Employment and Labour Relations Court Act and Articles 162(2)(a) and 165(5)(b) of the Constitution, such disputes fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC). Consequently, the High Court declined to entertain the matter and directed that the file be placed before the ELRC Kisumu for consideration and further directions.
Court Disposition
High Court declines jurisdiction and transfers matter to ELRC.
Orders
- The file is to be placed before the Employment and Labour Relations Court (ELRC) Kisumu for consideration and further directions.
- Directions to be typed urgently and parties to be notified forthwith.
Full Case Text
Judgment text and source record
26 paragraphs
Khamis v County Assembly of Kisumu & another (Constitutional Petition E004 of 2024) [2024] KEHC 4608 (KLR) (3 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4608 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E004 of 2024
RE Aburili, J
April 3, 2024
Between
Mariam Abdallah Khamis
Petitioner
and
The County Assembly Of Kisumu
1st Respondent
The Kisumu County Public Service Board
2nd Respondent
Ruling
1. This matter was before me on 21st March 2023 on the commencement of the recess and I referred it to recess duty court after certifying it as urgent.
2. However, the Registry now returns the file to me indicating that the matter was not attended to by the Recess duty court as mapped to Busia High Court.
3. That being the case, as the recess is over, the file is back to this court for consideration.
4. Having considered the application and the Petition as a whole, I am not persuaded that the issues raised ought to be adjudicated upon by this court.
5. The issues involve employment of village administrators who have already been Gazetted for recruitment.
6. That being the case, this court finds that the appropriate court with jurisdiction is the Employment and Labour Relations Court (ELRC) pursuant to Section 12 of the ELRC Act as read with Articles 162 (2) (a) and 165 (5) (b) of the Constitution.
7. Accordingly, I decline to handle the matter, down my tools and direct that this file be placed before ELRC Kisumu for consideration and further directions.
8. These directions to be typed urgently and parties be notified forthwith.
9. Mention before Employment and Labour Relation Court (ELRC) on 8th April 2024.
Dated, Signed and Delivered at Kisumu this 3rd Day of April, 2024********R. E. ABURILIJUDGEPage 2 of 2