[2017] KEHC 542 (KLR)
The High Court determined that, following the promulgation of the 2010 Constitution and the enactment of the Employment and Labour Relations Act, jurisdiction over employment and labour relations disputes, including appeals, is vested exclusively in the Employment and Labour Relations Court. As the present appeal...
Source-derived case information.
- Citation
- [2017] KEHC 542 (KLR)
- Parties
- Appellant: Panda Flowers Limited; Respondent: Rebecca Njeri Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 216 of 2010
- Procedural Posture
- Civil Appeal / Direction on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for hearing and determination.
- Judges
- JK Mulwa
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Employment Contract Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Panda Flowers Limited
Appellant
Rebecca Njeri Mwangi
Respondent
Procedural Posture
Civil Appeal / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine employment and labour relations appeals filed before the promulgation of the 2010 Constitution and establishment of the Employment and Labour Relations Court?
- 2 Should the appeal be transferred to the Employment and Labour Relations Court for hearing and determination?
Ratio Decidendi
The High Court determined that, following the promulgation of the 2010 Constitution and the enactment of the Employment and Labour Relations Act, jurisdiction over employment and labour relations disputes, including appeals, is vested exclusively in the Employment and Labour Relations Court. As the present appeal concerns an employment dispute, the High Court lacks jurisdiction to entertain it. The proper course is to transfer the appeal to the Employment and Labour Relations Court for hearing and determination, ensuring that the matter is handled by the court with the appropriate statutory mandate.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court for hearing and determination.
Orders
- The appeal is transferred to the Employment and Labour Relations Court for hearing and determination.
- Parties are directed to mention the appeal before the Employment and Labour Relations Court to take fresh directions.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 216 OF 2010
PANDA FOWERS LIMITED................................APPLICANT
VERSUS
REBECCA NJERI MWANGI...........................RESPONDENT
(Being an appeal from the Judgment/Decree of Hon. N. Njagi, Senior Principal Magistrate, Naivasha, delivered on 23rd July 2010 in Naivasha PMCC NO. 258 of 2009 )
DIRECTIONS
1. The trial court suit was filed vide Naivasha PMCC No. 258 of 2009. It was a dispute between an employee and an employer, in respect of an alleged breach of employment contract.
Judgment was delivered on the 23rd July 2010 in favour of the plaintiff, now the Respondent.
The appellant preferred this appeal against the whole of the Judgment and decree thereof. The Memorandum of Appeal was filed on the 9th August 2010 before the promulgation of the The 2010 Kenya Constitution on the 27th August 2010 that established a special court underArticle 162whose mandate is to deal with all disputes relating to an employer and employee in industrial relations.
This is the Employment and Labour Relations Court, established under the Employment and Labour Relations Act No. 234B.
Section 12thereof gives the said court exclusive original and appellate jurisdiction to hear and determine such disputes.
2. For that reason, the High Court lacks jurisdiction to entertain this appeal. It is the preserve of the Employment and Labour Relations Court.
Consequently, I order that the appeal be and hereby transferred to the said Employment and Labour Relations Court for hearing and determination.
Parties are directed to mention the appeal before the Employment and Labour Relations Court to take fresh directions on the progression of the appeal.
Dated, Signed and Delivered this 21st Day of September 2017.
J.N. MULWA
JUDGE