[2025] KEHC 293 (KLR)
The High Court determined that it lacks jurisdiction to entertain the application because the dispute concerns employment and labour relations, specifically the transfer of police officers, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court as provided under Article 162(2) and...
Source-derived case information.
- Citation
- [2025] KEHC 293 (KLR)
- Parties
- Applicant: Narok East Sub-County Police Officers; Respondent: Inspector General of Police; Respondent: National Police Service Commission; Respondent: Ministry of Interior and Coordination f National Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E011 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Jurisdiction
- Outcome
- Application transferred to the Employment and Labour Relations Court for lack of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Transfer of Employees, Judicial Review Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Narok East Sub-County Police Officers
Applicant
Inspector General of Police
Respondent
National Police Service Commission
Respondent
Ministry of Interior and Coordination f National Government
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to the transfer of police officers, which are employment and labour relations matters.
- 2 Whether the application for judicial review orders of mandamus, certiorari, and prohibition should be entertained by the High Court or transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to entertain the application because the dispute concerns employment and labour relations, specifically the transfer of police officers, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court as provided under Article 162(2) and Article 165(5)(b) of the Constitution. The court declined to consider the merits of the application and directed that the matter be transferred to the Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions, hearing, and determination.
Court Disposition
Application transferred to the Employment and Labour Relations Court for lack of jurisdiction.
Orders
- The application is not struck out but is wholly transferred to the Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions, hearing, and determination.
- The High Court file is closed.
Full Case Text
Judgment text and source record
27 paragraphs
Narok East Sub-County Police Officers v Inspector General of Police & 2 others (Judicial Review Application E011 of 2025) [2025] KEHC 293 (KLR) (Judicial Review) (23 January 2025) (Ruling)
Neutral citation: [2025] KEHC 293 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E011 of 2025
RE Aburili, J
January 23, 2025
Between
Narok East Sub-County Police Officers
Applicant
and
The Inspector General of Police
1st Respondent
The National Police Service Commission
2nd Respondent
The Ministry of Interior and Coordination f National Government
3rd Respondent
Ruling
1. The application dated 22/1/2025 seeks leave of court to apply for Judicial Review orders of mandamus certiorari and prohibition.
2. The exparte applicant is challenging the decision of the Respondents to allegedly arbitrarily transfer several affected police officers serving in Narobi East County from their respective stations to other stations outside the County.
3. The decision to transfer or deploy any labour force or Human Resource is an Employment and Labour Relations matter. That being the case, only the Employment and Labour Relations Court has the jurisdiction to hear and determine such disputes.
4. Article 165(5) (b) of the Constitution expressly bars the High Court from hearing and determining disputes which are exclusively reserved for the specialized courts established under Article 162(2) of the Constitution and the Supreme Court. These are the Employment and Labour Relations Court and the Environment and Land Court.
5. The Employment and Labour Relations Court enjoys exclusive original and appellate jurisdiction in matters Employment and Labour Relations and among the orders that the court may grant, as stipulated in Section 12 of the Employment and Labour Relations Court Act are, among others, prerogative orders. Certiorari, Mandamus and Prohibition are among the prerogative orders which the court has power to grant.
6. Therefore, for want of jurisdiction, I decline to consider the merits of the application dated 22/1/2025. I shall however not strike it out. I direct that this matter is hereby wholly transferred to the Employment and Labour Relations Court, Judicial Review Division, Nairobi for further directions, hearing and determination.
7. From the High Court, the file is closed. This Ruling to be typed and uploaded forthwith and a copy to accompany the original court file to be transferred. I so direct.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JANUARY, 2025R.E. ABURILIJUDGE