[2015] KEHC 4406 (KLR)
The High Court lacks jurisdiction to hear and determine appeals arising from employment disputes by virtue of Article 162(2) as read with Article 165(5)(b) of the Constitution of Kenya. Such jurisdiction is exclusively vested in the Employment and Labour Relations Court. Consequently, the appeal is transferred to...
Source-derived case information.
- Citation
- [2015] KEHC 4406 (KLR)
- Parties
- Appellant: Mohamed Omar Doyo; Respondent: Kenya Safari Lodges & Hotels Ltd; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 199 of 2012
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for hearing and determination.
- Judges
- MM Kasango
- Legal Topics
- Jurisdiction of Courts, Employment Disputes, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Omar Doyo
Appellant
Kenya Safari Lodges & Hotels Ltd
Respondent
Attorney General
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine appeals relating to employment disputes.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals arising from employment disputes by virtue of Article 162(2) as read with Article 165(5)(b) of the Constitution of Kenya. Such jurisdiction is exclusively vested in the Employment and Labour Relations Court. Consequently, the appeal is 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
- This appeal is hereby transferred to the Mombasa Employment and Labour Relations Court for hearing and determination.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIVIL APPEAL CASE NO. 199 OF 2012
MOHAMED OMAR DOYO …………........…………….PLAINTIFF
VERSUS
KENYA SAFARI LODGES & HOTELS LTD…….1ST DEFENDANT
ATTORNEY GENERAL………………….…...…..2ND DEFENDANT
R U L I N G
PRELIMINARY
The delivery of this Ruling was delayed by my being on annual leave and by the transfer of my secretary and court clerk from Mombasa law courts. The delay is however regreted.
2. This is an appeal against the judgment of Mombasa Resident Magistrate’s court in RMCC NO. 1290 of 2005 Parties opted to rely on their written submissions in this appeal. It was not however until I sat to consider this appeal that realized that I lacked jurisdiction to deal with it. 3. The original suit before Resident Magistrate’s court related to appellant’s arrest at his employment that is Mombasa Beach Hotel, which arrest he alleged led to his loss of employment with the 1st respondent. He also prayed for damages for wrongful arrest.
In my view by virtue of Article 162 (2) as read with Article 165 (5) (b) of the constitution the High court does not have jurisdiction to entertain this appeal.
2. Articles 162 (2) and 165(5) (b) reserve the jurisdiction of employment disputes upon the Employment and Labour Relations Court. That being so I do hereby transfer this appeal to the Mombasa Employment and Labour court for hearing and determination.
Dated and delivered this 25th day of June 2015.
MARY KASANGO
JUDGE
25. 6.2015
Coram
Before Mary Kasango
C/Assistant- Kavuku
For Appellant:
For 1st Respondent:
For 2nd Respondent:
Court
Ruling delivered in their presence/absence in open court.
MARY KASANGO
JUDGE