[2023] KEHC 26552 (KLR)
The court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from the Employment and Labour Relations Court subordinate court. The Constitution of Kenya and the Employment and Labour Relations Court Act expressly deprive the High Court of both original and appellate...
Source-derived case information.
- Citation
- [2023] KEHC 26552 (KLR)
- Parties
- Appellant: Mini Bakeries Nairobi Limited; Respondent: Lucas Onyango Omollo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 116 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- appeal struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Appeals From Elrc, Constitutional Jurisdiction, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mini Bakeries Nairobi Limited
Appellant
Lucas Onyango Omollo
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine appeals arising from the Employment and Labour Relations Court subordinate court.
- 2 Whether the appeal was properly filed before the High Court.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from the Employment and Labour Relations Court subordinate court. The Constitution of Kenya and the Employment and Labour Relations Court Act expressly deprive the High Court of both original and appellate jurisdiction in employment and labour relations matters. As such, the appeal was improperly filed before the High Court and could not be entertained. The only proper forum for such appeals is the Employment and Labour Relations Court, not the High Court. Consequently, the appeal was struck out for want of jurisdiction.
Court Disposition
appeal struck out for want of jurisdiction
Orders
- The appeal is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Mini Bakeries Nairobi Limited v Omollo (Civil Appeal 116 of 2021) [2023] KEHC 26552 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26552 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 116 of 2021
RE Aburili, J
December 1, 2023
Between
Mini Bakeries Nairobi Limited
Appellant
and
Lucas Onyango Omollo
Respondent
(Arising from the Ruling and Order of Hon. P. N. Gesora CM in Kisumu CM ELRC No. E41 of 2020 rendered on 20th September 2021)
Ruling
1. I have perused the Memorandum of Appeal filed in this court on 30th September 2021 emanating from Employment and Labour Relations Court in the Chief Magistrate’s Court at Kisumu Case No. E41 of 2020.
2. From the Plaint, the proceedings and the appeal documents including the record of appeal already filed on 26th October 2023, no doubt, the appeal arises from ELRC proceedings and the claim was rightly filed before an ELRC subordinate court exercising such jurisdiction.
3. Regrettably, the appeal was filed to the High Court. The High Court is deprived of both original and appellate jurisdiction to hear and determine disputes and or conduct proceedings relating to Employment and Labour Relations and this is clear from the constitutional provisions of article 162(2) (a) and 165 (5) (b) as read with section 12 of the Employment and Labour Relations Court Act.
4. The Appellant knew and ought to have known these very basic facts. Therefore, for want of jurisdiction, this appeal is hereby struck out with no orders as to costs.
5. This file is closed. Ruling to be typed.
6. I so order.
7. Appellant’s counsel to be notified.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1STDAY OF DECEMBER, 2023. R. E. ABURILIJUDGE