[2015] KEHC 3836 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the cause of action related to a work-related injury, which by law falls within the exclusive jurisdiction of the Employment and Labour Relations Court. The court relied on the constitutional and statutory framework that...
Source-derived case information.
- Citation
- [2015] KEHC 3836 (KLR)
- Parties
- Appellant: Nyayo Tea Zone Development Corporation; Respondent: Catherine Mboga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 169 of 2010
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction
- Outcome
- Appeal transferred for want of jurisdiction.
- Legal Topics
- Work Related Injury, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyayo Tea Zone Development Corporation
Appellant
Catherine Mboga
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal relating to a work-related injury.
- 2 Whether the appeal should 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 cause of action related to a work-related injury, which by law falls within the exclusive jurisdiction of the Employment and Labour Relations Court. The court relied on the constitutional and statutory framework that assigns employment and labour matters to the specialized court, and therefore ordered the transfer of the appeal to the appropriate forum for determination.
Court Disposition
Appeal transferred for want of jurisdiction.
Orders
- This matter is hereby transferred to the Employment and Labour Relations Court at Kisumu.
- The matter shall be mentioned before the said court on 22/7/2015 for directions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT KAKAMEGA.
CIVIL APPEAL NO. 169 OF 2010.
NYAYO TEA ZONE DEVELOPMENT CORPORATION....APPELLANT.
VERSUS
CATHERINE MBOGA......................................................RESPONDENT.
DIRECTIONS.
1. This appeal was set for judgment today. This Court has however not written the same for want of jurisdiction.
2. Upon perusal of the pleadings in the suit, it is revealed that the cause of action relates to a work related injury. Pursuant to Articles 162 (2) and 165 (5) of the Consitution as read with the Industrial Court Act, the appeal from the decision of the trial Court ought to lie to the Employment and Labour Relations Court.
3. As this Court remains truly apologetic to the parties on account of the delay occassioned herein, the Court has no alternative but to make the following orders:-
This matter be and is hereby transfered to the Employment and Labour Relations Court at Kisumu;
The matter be fixed for a mention before the said Court on 22/7/2015 for directions.
Orders accordingly.
DELIVERED, DATED and SIGNED this 9th day of July, 2015.
A.C. MRIMA.
JUDGE.