[2023] KEHC 25634 (KLR)
The High Court at Kisumu determined that it has no jurisdiction to supervise or adjudicate matters that fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC), as expressly provided by Article 165(5)(b) of the Constitution of Kenya, 2010. The application for leave to apply for...
Source-derived case information.
- Citation
- [2023] KEHC 25634 (KLR)
- Parties
- Applicant: Solomon Obiero; Respondent: Deputy Registrar, Employment and Labour Relations Court At Kisumu; Respondent: Peter Otieno Odero & 68 others; Respondent: Officer Commanding Station Homabay Police Station
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E002 of 2023
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Certification of Urgency and Jurisdiction
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Jurisdiction of High Court, Supervisory Jurisdiction, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Obiero
Applicant
Deputy Registrar, Employment and Labour Relations Court At Kisumu
Respondent
Peter Otieno Odero & 68 others
Respondent
Officer Commanding Station Homabay Police Station
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Certification of Urgency and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to supervise or determine matters falling under the Employment and Labour Relations Court (ELRC).
- 2 Whether the application for leave to apply for judicial review orders is properly before the High Court.
Ratio Decidendi
The High Court at Kisumu determined that it has no jurisdiction to supervise or adjudicate matters that fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC), as expressly provided by Article 165(5)(b) of the Constitution of Kenya, 2010. The application for leave to apply for judicial review orders was therefore struck out for want of jurisdiction. The court emphasized that judicial review remedies must be sought in the court with the appropriate subject matter jurisdiction, and the High Court is expressly barred from entertaining disputes reserved for the ELRC.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Obiero v Deputy Registrar, Employment and Labour Relations Court at Kisumu & 2 others (Judicial Review Miscellaneous Application E002 of 2023) [2023] KEHC 25634 (KLR) (17 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25634 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review Miscellaneous Application E002 of 2023
RE Aburili, J
November 17, 2023
IN THE MATTER OF ARTICLES 10, 22, 29, 47 & 50 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF SECTIONS 3, 4, 7, 8, 9, 10 & 11 OF THE FAIR ADMINISTRATIVE ACTION ACT AND IN THE MATTER OF SECTION 21 OF THE GOVERNMENT PROCEEDINGS ACT
Between
Solomon Obiero
Applicant
and
Deputy Registrar, Employment and Labour Relations Court At Kisumu
1st Respondent
Peter Otieno Odero & 68 others
2nd Respondent
Officer Commanding Station Homabay Police Station
3rd Respondent
Ruling
1. I have considered the application dated 14th November 2023 under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. Needless to say that the application seeks for leave to apply for Judicial Review Orders of certiorari, prohibition and a temporary injunction in a matter involving parties who are litigating before the Kisumu Employment and Labour Relations court in ELRC Case No. 3 of 2018.
3. This court from the onset has no jurisdiction to adjudicate over and determine or supervise the ELRC in matters employment and labour relations. This is by dint of Article 165 (5) (b) of the Constitution which expressly bars the High Court from hearing and determining disputes expressly falling under the jurisdiction of the ELC, ELRC and the Supreme Court.
4. As this court has no supervisory jurisdiction over ELRC and orders made by the Deputy Registrar as an ELRC Court, I find this application misplaced. It is hereby struck out for want of jurisdiction.
5. I make no orders as to costs and proceed to close this file.
6. The Registry to notify the Applicant’s counsel forthwith.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE