[2019] KEELRC 973 (KLR)
The court held that the Deputy Registrar correctly found she had no jurisdiction to determine the contentious application, as such matters are reserved for a judge under Order 48 and section 34 of the Act. The jurisdiction to handle contentious execution applications is reposed in the court and not in the Registrar....
Source-derived case information.
- Citation
- [2019] KEELRC 973 (KLR)
- Parties
- Applicant: Meshack Kirimi Mwithimbu & 7 Others; Respondent: Liquidator Nkuene Farmers Co-operative Society Limited & 16 Others
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 49 of 2013
- Procedural Posture
- Cause / Ruling on Jurisdictional Objection
- Outcome
- Jurisdiction found to be with the court, not the Deputy Registrar. Directions to be given for further submissions.
- Judges
- AN Makau
- Legal Topics
- Jurisdiction of Registrar, Execution of Judgments, Powers of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Meshack Kirimi Mwithimbu & 7 Others
Applicant
Liquidator Nkuene Farmers Co-operative Society Limited & 16 Others
Respondent
Procedural Posture
Cause / Ruling on Jurisdictional Objection
Legal Issues
- 1 Whether the Deputy Registrar had jurisdiction to determine the contentious application.
- 2 Whether the matter should be reserved for determination by a judge under the relevant legal provisions.
Ratio Decidendi
The court held that the Deputy Registrar correctly found she had no jurisdiction to determine the contentious application, as such matters are reserved for a judge under Order 48 and section 34 of the Act. The jurisdiction to handle contentious execution applications is reposed in the court and not in the Registrar. The parties are to file their respective submissions on the issue in accordance with directions to be given after the ruling.
Court Disposition
Jurisdiction found to be with the court, not the Deputy Registrar. Directions to be given for further submissions.
Orders
- Parties to file their respective submissions on the issue in accordance with directions to be given after the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 49 OF 2013
MESHACK KIRIMI MWITHIMBU &7 OTHERS..................CLAIMANTS
VERSUS
LIQUIDATOR NKUENE FARMERS CO-OPERATIVE
SOCIETY LIMITED &16 OTHERS....................................RESPONDENTS
RULING
1. The matter has come to the court from a decision of the Deputy Registrar Hon. Bosibori. The learned Deputy Registrar held that she had no jurisdiction since the parties had raised a matter that was beyond her mandate. I have perused the file and her determination as well as the decision in Parbat & Company Limited v Kenyatta University [2000] eKLR where Waki J. (as he then was) held the special powers of the Registrar on execution are limited to formal orders and not to contentious applications. Those are not only expressly reserved for a judge by order 48 but also expressly left to the “Court” under section 34 of the Act. The court is if the view that jurisdiction is reposed in this court as held by the learned Deputy Registrar. The court will invite parties to accordingly file their respective submissions on the issue in accordance with directions to be given after the Ruling.
It is so ordered.
Dated and delivered at Nyeri this 30th day of July 2019
Nzioki wa Makau
JUDGE
I certify that this is a
true copy of the Original
Deputy Registrar