[2018] KEHC 1157 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine appeals arising from employment and labour disputes, including claims for workplace injuries and employer's duty of care, as these matters fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC) pursuant to...
Source-derived case information.
- Citation
- [2018] KEHC 1157 (KLR)
- Parties
- Appellant: Ogembo Tea Factory Co. Ltd; Respondent: John Mosera Obiero
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 41 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- High Court lacks jurisdiction; proceedings set aside; matter transferred to ELRC.
- Legal Topics
- Jurisdiction of Elrc, Employer Duty of Care, Workplace Injury, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogembo Tea Factory Co. Ltd
Appellant
John Mosera Obiero
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to determine an appeal involving employment and workplace injury claims between employer and employee.
- 2 Whether the matter should be heard by the Employment and Labour Relations Court (ELRC).
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine appeals arising from employment and labour disputes, including claims for workplace injuries and employer's duty of care, as these matters fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC) pursuant to Article 165(5) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act, 2011. The Supreme Court's decision in Republic vs Karisa Chengo & Others clarified that the High Court, ELRC, and Environment and Land Court are distinct courts with exclusive jurisdictions. Consequently, the proceedings previously conducted by the High Court were set aside,...
Court Disposition
High Court lacks jurisdiction; proceedings set aside; matter transferred to ELRC.
Orders
- Proceedings dated 4th July 2018 are set aside.
- The matter is transferred to the Employment and Labour Relations Court at Kisumu for hearing and determination.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL APPEAL NO.41 OF 2016
OGEMBO TEA FACTORY CO. LTD........APPELLANT
VERSUS
JOHN MOSERA OBIERO.......................RESPONDENT
RULING
1. I have considered the pleadings in the respondent’s suit in the lower court CMCC No. 48 of 2010. The respondent at paragraph 3 of his plaint avers that he was employed by the defendant/appellant as a general worker. He avers that it was a term of the said contract of employment and or it was the duty of the defendant to take all reasonable precautions for the safety of the plaintiff while he was engaged upon his work not to expose the plaintiff to risk of injury which the defendant knew or ought to have known to provide and maintain adequate and suitable measures for the safety of the plaintiff and to provide and maintain a safe system of work. The claim is over the contract the respondent had with the appellant and injuries sustained whilst in the said employment. In my view this court (High Court) lacks the jurisdiction to determine the issues raised on the duty of care of the employer and alleged injuries whilst within the employment of the appellant.
2. Under Article 169(2) of the Constitution as read with section 12(1) of the Employment and Labour Relations Act, 2011, the ELRC has exclusive jurisdiction to hear appeals from court and tribunals on labour and employment disputes. The issue of jurisdiction of the ELRC vis-à-vis the High Court in relation to disputes between employer and employee was dealt with by the Supreme Court in Republic vs Karisa Chengo& Others, Supreme CourtPetition No. 5 of 2015 [2017]eKLR where it held as follows:
[52] From a reading of the Constitution and these Acts of Parliament, it is clear that a special cadre of courts, with sui generis jurisdiction, is provided for. We therefore entirely concur with the Court of Appeal’s decision that such parity of hierarchical stature does not imply that either Environment and Land Court or Employment and Labour Relations Court is the High Court or vice versa. The three are different and autonomous courts and exercise different and distinct jurisdictions. As Article 165(5) precludes the High Court from entertaining matters reserved to the Environment and Land Court and Employment and Labour Relations Court, it should, by the same token, be inferred that the Environment and Land Court and Employment and Labour Relations Court too cannot hear matters reserved to the jurisdiction of the High Court.
This court therefore lacks the jurisdiction to determine this appeal. I set aside my proceedings dated the 4th July 2018 and transfer the matter to the Employment and Labour Relations Court at Kisumu for hearing and determination.
Dated signed and delivered this 7th day of November 2018
R.E.OUGO
JUDGE
In the presence of;
Appellant Absent
Mr. Kimaiyo h/b Mr. Omwoyo For the Respondent
Mr. Omwoyo Court/clerk