[2018] KEHC 309 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the subject matter arose from an employer-employee relationship, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court. This finding was guided by the Supreme Court's decision in...
Source-derived case information.
- Citation
- [2018] KEHC 309 (KLR)
- Parties
- Appellant: Nelson Kaimenya Mbaya; Respondent: Patrick Mwenda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 62 of 2017
- Procedural Posture
- Civil Appeal / Direction on Jurisdiction and Transfer
- Outcome
- Transferred to the Employment and Labour Relations Court for lack of jurisdiction.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Employer Employee Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Kaimenya Mbaya
Appellant
Patrick Mwenda
Respondent
Procedural Posture
Civil Appeal / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine an appeal arising from an employer-employee dispute?
- 2 Should the matter be transferred to the Employment and Labour Relations Court?
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the subject matter arose from an employer-employee relationship, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court. This finding was guided by the Supreme Court's decision in Republic vs. Karisa Chengo & 2 others (2017) eKLR, which clarified the distinct and exclusive jurisdictions of the High Court and specialized courts such as the Employment and Labour Relations Court. Consequently, the High Court ordered the transfer of the matter to the appropriate court for further handling.
Court Disposition
Transferred to the Employment and Labour Relations Court for lack of jurisdiction.
Orders
- This matter is transferred to the Employment and Labour Relations Court for further dealing.
- The Deputy Registrar of that Court shall notify the parties of any development accordingly.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 62 OF 2017
NELSON KAIMENYA MBAYA..............................................APPELLANT
VERSUS
PATRICK MWENDA...........................................................RESPONDENT
(Being an appeal from the judgment and decree by Hon. S. Abuya, Senior Principal Magistrate in Meru Chief Magistrate's Civil Case No. 2 of 2016 delivered on 06/07/2017).
DIRECTIONS
1. As I retired to consider the judgment in this matter, I found that the cause of action is based on an alleged employer-employee relationship out of which the Respondent herein contended that he was involved in an accident and therefore entitled to damages.
2. In view of the of the decision of the Supreme Court of KenyainPetition No. 5 of 2015 Republic vs. Karisa Chengo & 2 others (2017) eKLR where it was firmly held that a Judge of the Environment and Land Court cannot properly hear and determine a matter falling within the exclusive jurisdiction of the High Court and vice versa, I as well, find that since the matter subject of this appeal falls within with the Employment and Labour Relations Court, the High Court lacks jurisdiction to in anyway whatsoever deal with this appeal.
3. Consequently, this matter be and is hereby transferred to the Employment and Labour Relations Court for further dealing. The Deputy Registrar of that Court shall notify the parties of any development accordingly.
SIGNED BY:
A. C. MRIMA
JUDGE
DATED, COUNTERSIGNED and DELIVERED at MERU this 30th day of July, 2018.
S. M. GIKONYA
JUDGE