[2019] KEHC 5553 (KLR)
The court determined that it lacked jurisdiction to hear and determine the petition because the dispute was a purely employment and labour relations matter, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court as established under Article 162(2)(a) of the Constitution and...
Source-derived case information.
- Citation
- [2019] KEHC 5553 (KLR)
- Parties
- Petitioner: Opondo Ogenya Kakendo; Respondent: The Hon. Attorney General & 5 Others
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 22 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Jurisdiction
- Outcome
- petition struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Specialized Courts, Employment Disputes, Constitutional Petitions
- 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
Opondo Ogenya Kakendo
Petitioner
The Hon. Attorney General & 5 Others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine employment and labour relations disputes under Article 162(2)(a) of the Constitution.
- 2 Whether the petition should have been filed before the Employment and Labour Relations Court.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear and determine the petition because the dispute was a purely employment and labour relations matter, which falls within the exclusive jurisdiction of the Employment and Labour Relations Court as established under Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. Article 165(5)(b) expressly bars the High Court from hearing matters reserved for specialized courts. Consequently, the petition was struck out for want of jurisdiction.
Court Disposition
petition struck out for want of jurisdiction
Orders
- The petition is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CONSTITUTIONAL PETITION NO. 22 OF 2019
(CORAM: HON. R.E. ABURILI - J)
IN THE MATTER OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF THE FORMER CONSTITUTION OF KENYA 1969
AND
IN THE MATTER OF THE ARMED FORCES ACT NO. 60 OF 1968
AND
IN THE MATTER OF THE KENYA DEFENCE FORCE ACT NO. 25 OF 2015
AND
IN THE MATTER OF THE PRISONS ACT (CAP 90 LAWS OF KENYA)
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF
RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013
BETWEN
OPONDO OGENYA KAKENDO...........................................................PETITIONER
VERSUS
THE HON. ATTORNEY GENERAL & 5 OTHERS.........................RESPONDENT
RULING
1. I have considered the Constitutional petition dated 12th June 2019 and the supporting affidavit. I note that the claim is a purely Employment and Labour Relations matter governed by Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act.
2. Article 165(5)(b) of the Constitution expressly bars this court from hearing and determining disputes exclusively reserved for the specialized courts established or contemplated in Article 162(2) of the Constitution.
3. For the above reasons, I find this Petition misplaced as this court has no jurisdiction to hear and determine the same. I must therefore down my tools and strike out the Petition which should have been filed before Employment and Labour Relations Court. It is hereby struck out.
4. I make no orders as to costs. File closed.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2019.
R.E. ABURILI
JUDGE