[2025] KEHC 260 (KLR)
The High Court lacks jurisdiction to entertain judicial review applications relating to matters reserved for the Employment and Labour Relations Court by virtue of Article 165(5)(b) of the Constitution. The Employment and Labour Relations Court has exclusive jurisdiction to grant prerogative orders, including...
Source-derived case information.
- Citation
- [2025] KEHC 260 (KLR)
- Parties
- Applicant: Nicholas Karimi Muna; Respondent: Principal Secretary State Department of Sports Development; Respondent: Cabinet Secretary National Treasury And Planning; Respondent: Sports, Arts and Social Development Fund Oversight Board; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E282 of 2024
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Jurisdiction
- Outcome
- Application transferred for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Karimi Muna
Applicant
Principal Secretary State Department of Sports Development
Respondent
Cabinet Secretary National Treasury And Planning
Respondent
Sports, Arts and Social Development Fund Oversight Board
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain judicial review applications arising from decisions of the Employment and Labour Relations Court.
- 2 Whether the matter should be struck out or transferred to the appropriate court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain judicial review applications relating to matters reserved for the Employment and Labour Relations Court by virtue of Article 165(5)(b) of the Constitution. The Employment and Labour Relations Court has exclusive jurisdiction to grant prerogative orders, including judicial review, in employment and labour relations matters. As such, the application for leave to apply for orders of mandamus to enforce costs awarded by the ELRC must be heard by the ELRC itself. The proper course is not to strike out the application, but to transfer it to the Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions,...
Court Disposition
Application transferred for want of jurisdiction.
Orders
- The matter is transferred to the Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions, hearing and determination.
- The file is closed from the High Court.
Full Case Text
Judgment text and source record
30 paragraphs
Muna v Principal Secretary State Department of Sports Development & 3 others (Judicial Review Application E282 of 2024) [2025] KEHC 260 (KLR) (Judicial Review) (21 January 2025) (Ruling)
Neutral citation: [2025] KEHC 260 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E282 of 2024
RE Aburili, J
January 21, 2025
Between
Nicholas Karimi Muna
Applicant
and
Principal Secretary State Department of Sports Development
1st Respondent
Cabinet Secretary National treasury And Planning
2nd Respondent
Sports, Arts and Social Development Fund Oversight Board
3rd Respondent
Attorney General
4th Respondent
Ruling
1. This matter arises from judgment in ELRC E058/2022 Nicholas Karimi Muna v John Mark Wambugu & 4 others. Costs were awarded to the exparte applicant and now he seeks leave of this court to apply for Judicial Review orders of mandamus to compel the judgment debtor 3rd Respondent to settle.
2. The Employment, Labour and Relations Court has equal status with this court. However, their respective jurisdictions are distinct and vested by the Constitution and respective Acts of Parliament.
3. This court is expressly barred by Article 165(5) (b) of the Constitution from hearing and determining disputes which are reserved for Employment and Labour Relations Court and Environment and Land Court as stipulated in Article 162(2) (a) & (b) of the Constitution.
4. The jurisdiction of Employment and Labour Relations Court is conferred by various statutes including the Employment and Labour Relations Court Act which at Section (1) and (7) makes it clear that the court has jurisdiction to be grant orders including prerogative orders. Judicial Review is a prerogative order.
5. It follows that the jurisdiction of Employment and Labour Relations Court in Judicial Review matters is not shared with this court. It is distinct and there is no eclectic claim here with shared jurisdiction between the two courts.
6. For the above reasons, and for want of jurisdiction, I down my tools as the High Court and decline to entertain this matter.
7. I shall not strike it thought. I hereby direct that this matter be and is hereby transferred to Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions, hearing and determination.
8. This file is therefore closed from this end. I so order.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21ST DAY OF JANUARY, 2025. R.E. ABURILIJUDGE