[2020] KEHC 72 (KLR)
The court determined that the dispute between the parties arose from an employer-employee relationship governed by a contract of employment. Pursuant to Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, 2011, exclusive jurisdiction over such disputes lies with the...
Source-derived case information.
- Citation
- [2020] KEHC 72 (KLR)
- Parties
- Appellant: Menengai Oil Refineries Ltd; Respondent: Michael Wakoba Wamalwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 74 of 2014
- Procedural Posture
- Civil Appeal / Direction on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for hearing and determination.
- Legal Topics
- Jurisdiction of Elrc, Employer Employee Dispute, Transfer of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Menengai Oil Refineries Ltd
Appellant
Michael Wakoba Wamalwa
Respondent
Procedural Posture
Civil Appeal / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine an appeal arising from an employer-employee dispute.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The court determined that the dispute between the parties arose from an employer-employee relationship governed by a contract of employment. Pursuant to Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, 2011, exclusive jurisdiction over such disputes lies with the Employment and Labour Relations Court. Consequently, the High Court lacks jurisdiction to entertain the appeal, and the matter must be transferred to the appropriate court for hearing and determination.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court for hearing and determination.
Orders
- The appeal is transferred to the Employment and Labour Relations Court for hearing and determination.
- Upon allocation of a new appeal number, the parties shall mention the matter before the judge for further directions.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL APPEAL CASE NO. 74 OF 2014
MENENGAI OIL REFINERIES LTD…………..……….……APPELLANT
VERSUS
MICHAEL WAKOBA WAMALWA………………….……RESPONDENT
(Being an appeal from the judgment of the Resident Magistrate Honourable M. Otindo in Nakuru CMCC NO. 286 of 2013 delivered on the 27th May, 2014)
DIRECTIONS.
This appeal arose from the judgment of the trial court in Nakuru CMCC NO. 286 OF 2013 delivered on the 27/5/2014.
The appellant was aggrieved by the said judgment in that it was found to have been 80% liable in negligence and awarded general damages to the respondent in the sum of ksh. 300,000/= and special damages of ksh. 5000/=, less contributory negligence, leaving a sum of kshs. 245,000/=to the respondent.
I have considered the pleadings in the trial court case. Without a doubt, the parties’ relationship at the material times was one of employer-employee arising from a contract of employment between the parties.
In the circumstances, the matter does not lie with the High Court in either its original or appellate jurisdiction.
Article 162 (2) of the Constitution creates the Employment & Labour relations court, to hear and determine disputes relating to (a) employment and labour relations.
Section 12 of the Employment and Labour Relations Court Act, 2011 gives exclusive original and appellate jurisdiction to hear ad determine all disputes referred to it in accordance with Article 162 (2) of the Constitution, including disputes relating to or arising out of employment between an employer and the employee. Having found that the dispute in this appeal arises out of such relationship, I find it a fit case for transfer to the ELR court for hearing and determination of the appeal. It is so transferred. Upon a new appeal number been allocated to the appeal, the parties shall mention the matter before the judge for further directions on the progression of the appeal
It is so ordered and direct
Delivered, Signed and Dated electronically at Nairobi this 20th day of MAY 2020.
J.N. MULWA
HIGH COURT JUDGE.