[2015] KEHC 3840 (KLR)
The High Court lacks jurisdiction to hear appeals arising from employment and labour matters, including work-related injuries, as such jurisdiction is vested in the Employment and Labour Relations Court by virtue of Articles 162(2) and 165(5) of the Constitution and the Industrial Court Act. Consequently, the appeal...
Source-derived case information.
- Citation
- [2015] KEHC 3840 (KLR)
- Parties
- Appellant: Nyayo Tea Zone Development Corporation; Respondent: Sarah Muhonja Makwaka
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 151 of 2010
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court at Kisumu for directions.
- Legal Topics
- Work Related Injury, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nyayo Tea Zone Development Corporation
Appellant
Sarah Muhonja Makwaka
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal arising from a work-related injury.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear appeals arising from employment and labour matters, including work-related injuries, as such jurisdiction is vested in the Employment and Labour Relations Court by virtue of Articles 162(2) and 165(5) of the Constitution and the Industrial Court Act. Consequently, the appeal must be transferred to the appropriate court for determination.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court at Kisumu for directions.
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. 151 OF 2010.
NYAYO TEA ZONE DEVELOPMENT CORPORATION :::::::: APPELLANT.
VERSUS
SARAH MUHONJA MAKWAKA ::::::::::::::::::::::::::::::::::::::::: 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:-
(a)This matter be and is hereby transfered to the Employment and Labour Relations Court at Kisumu;
(b) 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.