[2023] KEHC 17397 (KLR)
The High Court lacks jurisdiction to entertain an application for judicial review orders of mandamus arising from a decree and certificate of order against the County Government of Migori issued by the Employment and Labour Relations Court (ELRC). This is because, under Section 12(1) and (7) of the ELRC Act, as read...
Source-derived case information.
- Citation
- [2023] KEHC 17397 (KLR)
- Parties
- Applicant: Erastus Onyango Nyamori; Respondent: Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori; Respondent: County Government of Migori
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E025 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave to Institute Judicial Review Proceedings
- Outcome
- application withdrawn
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus Orders, Jurisdiction, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Onyango Nyamori
Applicant
Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori
Respondent
County Government of Migori
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application for Leave to Institute Judicial Review Proceedings
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for judicial review orders of mandamus arising from a decree and certificate of order against the County Government of Migori issued by the ELRC.
- 2 Whether the application should be withdrawn or struck out for want of jurisdiction.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for judicial review orders of mandamus arising from a decree and certificate of order against the County Government of Migori issued by the Employment and Labour Relations Court (ELRC). This is because, under Section 12(1) and (7) of the ELRC Act, as read with Articles 162(2)(a) and 165(5)(b) of the Constitution, the ELRC is the court vested with jurisdiction to hear and determine such matters. The High Court does not have supervisory jurisdiction over another superior court of equal status. Upon the applicant's concession and oral application, the matter was withdrawn and marked as such, with no orders as to costs.
Court Disposition
application withdrawn
Orders
- The application dated May 12, 2023 is marked as wholly withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
35 paragraphs
Nyamori v Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori & another (Judicial Review Application E025 of 2023) [2023] KEHC 17397 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17397 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review Application E025 of 2023
RE Aburili, J
May 15, 2023
IN THE MATTER OF: AN APPLICATION FOR THE JUDICIAL REVIEW ORDER OF MANDAMUS
AND
IN THE MATTER OF: IN THE INFORCEMENT OF COURT ORDERS AND DECREES AGAINST THE GOVERNMENT
AND
IN THE MATTER OF: THE LAW REFORMS ACT
AND
IN THE MATTER OF: THE GOVERNMENT PROCEEDINGS ACT
AND
IN THE MATTER OF: THE COUNTY GOVERNMENT ACT
AND
IN THE MATTER OF: AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW PROCEEDINGS
Between
Erastus Onyango Nyamori
Applicant
and
Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori
1st Respondent
County Government of Migori
2nd Respondent
(ELRC Case No 308 of 2014 Cause 308 of 2014 )
Ruling
1. This application for leave to file Judicial Review application for Mandamus order arises from the decree and certificate of order against the County Government of Migori rendered and issued before Kisumu ELRC Case No 308 of 2014.
2. It follows that pursuant to the provisions of Section 12(1) (7) of the ELRC Act as read with Articles 162(2) (a) and 165 (5) (b) of theConstitution, the court that has jurisdiction to hear and determine such application is the ELRC and not this court as this court has no supervisory jurisdiction over another superior court of equal status.
3. I would have struck out the application suo moto but I have called upon the applicant’s counsel to be heard on the issue of jurisdiction and he rightly concedes that this court is devoid of jurisdiction to hear and determine these proceedings.
4. Accordingly, I allow the oral application to withdraw the application dated May 12, 2023 which is hereby marked as wholly withdrawn with no orders as to costs.
5. This file is hereby closed.
6. I so order
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF MAY, 2023R E ABURILIJUDGE