[2024] KEHC 9416 (KLR)
The High Court determined that it does not have and cannot exercise appellate jurisdiction over employment and labour relations matters, as such jurisdiction is exclusively vested in the Employment and Labour Relations Court by statute and the Constitution. The subject matter of the appeal was an employment dispute,...
Source-derived case information.
- Citation
- [2024] KEHC 9416 (KLR)
- Parties
- Appellant: Simon Mwaura Nganga; Respondent: Hannah Nyagichuhi Mbugua
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E467 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal struck out for want of jurisdiction.
- Judges
- AB Mwamuye
- Legal Topics
- Jurisdiction of High Court, Employment Disputes, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mwaura Nganga
Appellant
Hannah Nyagichuhi Mbugua
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court has appellate jurisdiction over employment and labour relations matters.
- 2 Whether the appeal is properly before the High Court.
Ratio Decidendi
The High Court determined that it does not have and cannot exercise appellate jurisdiction over employment and labour relations matters, as such jurisdiction is exclusively vested in the Employment and Labour Relations Court by statute and the Constitution. The subject matter of the appeal was an employment dispute, and therefore the appeal was not properly before 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.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Nganga v Mbugua (Civil Appeal E467 of 2023) [2024] KEHC 9416 (KLR) (4 July 2024) (Judgment)
Neutral citation: [2024] KEHC 9416 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E467 of 2023
AB Mwamuye, J
July 4, 2024
Between
Simon Mwaura Nganga
Appellant
and
Hannah Nyagichuhi Mbugua
Respondent
Judgment
1. By a Memorandum of Appeal dated 25th November, 2023 the Appellant has expressed his dissatisfaction with the proceedings and decision in Kiambu CMEL E002 of 2021, Simon Mwaura Nganga v Hannah Nyagichuhi Mbugua.
2. That lower court matter is expressly titled as an Employment and Labour Relations matter, and my perusal of the lower court file informs this Court that the subject matter was undoubtedly an employment dispute. Thus, this Court does not have and cannot exercise its appellate jurisdiction over the subject matter.
3. Consequently, this Appeal is struck out with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBITHIS 4TH DAY OF JULY,2024. BAHATI MWAMUYEJUDGEIn the presence of:Ms. Mukarie h/b Ms. Kibebo Counsel for the AppellantMr. Kuria Counsel for the RespondentMs Achieng, Court Assistant