[2016] KEHC 1664 (KLR)
The High Court determined that, following the promulgation of the Constitution of Kenya 2010 and the enactment of the Employment and Labour Relations Court Act, jurisdiction over employment and labour relations disputes, including appeals arising from such matters, vests exclusively in the Employment and Labour...
Source-derived case information.
- Citation
- [2016] KEHC 1664 (KLR)
- Parties
- Appellant: Patrick Kofia; Respondent: Gogar Farm Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 152 of 2009
- 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
- Workman Compensation, Employment Contracts, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kofia
Appellant
Gogar Farm Limited
Respondent
Procedural Posture
Civil Appeal / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine employment and labour relations disputes after the establishment of the Employment and Labour Relations Court.
- 2 Whether the appeal arising from an employment contract and work injury should be heard by the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that, following the promulgation of the Constitution of Kenya 2010 and the enactment of the Employment and Labour Relations Court Act, jurisdiction over employment and labour relations disputes, including appeals arising from such matters, vests exclusively in the Employment and Labour Relations Court. Since the subject matter of the appeal concerns an employment contract and alleged work injury, the High Court lacks jurisdiction to hear and determine the appeal. Consequently, the appeal must be transferred to the Employment and Labour Relations Court for hearing and determination.
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.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 152 OF 2009
PATRICK KOFIA...............................................APPELLANT
VERSUS
GOGAR FARM LIMITED...............................RESPONDENT
(An appeal from the Judgment of the Honourable Principal Magistrate Honourable Mr. Onyiego in NAKURU CMCC no 765 of 2006 delivered on 25th June 2009)
DIRECTIONS
This appeal arose from the trial courts judgment in Nakuru CMCC No. 765 of 2006. The primary suit as may be discerned from the pleadings and the judgment was about an Employment Contract between the plaintiff now appellant and the defendant now Respondent.
The appellant alleged to have been an employee of the respondent and while in the course of such employment he sustained injuries for which he sought compensation in terms of damages.
Though the Respondent denied there having been a contract of employment between itself and the appellant, the trial court made findings that the case fell under the Workman's Compensation Act, and further that as the Appellant had not proved negligence upon the Respondent, the suit was dismissed with no costs.
This prompted filing of this appeal by the appellant. That was on the 25th June 2005.
Article 162(2) of the Kenya 2010 Constitution established specialised courts with the status of the High Court to hear and determinate disputes relating to-
(a) Employment and Labour Relations.
(b) ----
The Employment and Labour Relations Court Act, Chapter 234Bcame into effect on the 27th August 2011. Section 12 gives the said court jurisdiction to hear and determine all disputes referred to it relating to employment and labour relations including disputes relating to and arising out of employment between an employer and an employee.
The court is also seized with exclusive and appellate jurisdiction in the said matters.
For the above reasons the appeal hereof is transferred to the Employment and Labour Relations Court for hearing and determination.
Dated, signed and delivered in open court this 27th day of October 2016.
JANET MULWA
JUDGE