[2023] KEHC 25524 (KLR)
The High Court lacks jurisdiction to entertain appeals arising from employer-employee disputes, as such matters are exclusively reserved for the Employment and Labour Relations Court under section 12 of the Employment and Labour Relations Court Act. Consequently, the appeal must be redirected to the appropriate...
Source-derived case information.
- Citation
- [2023] KEHC 25524 (KLR)
- Parties
- Appellant: Prosel Limited; Respondent: Amina Mudoga Timothy
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E193 of 2020
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Appeal redirected for want of jurisdiction.
- Judges
- JN Mulwa
- Legal Topics
- Jurisdiction of Court, Employer Employee Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prosel Limited
Appellant
Amina Mudoga Timothy
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine an appeal arising from an employer-employee dispute.
- 2 Whether the matter should be heard by the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain appeals arising from employer-employee disputes, as such matters are exclusively reserved for the Employment and Labour Relations Court under section 12 of the Employment and Labour Relations Court Act. Consequently, the appeal must be redirected to the appropriate court with jurisdiction.
Court Disposition
Appeal redirected for want of jurisdiction.
Orders
- The appeal is to be redirected to the Employment and Labour Relations Court.
- The Deputy Registrar is directed to take necessary action.
Full Case Text
Judgment text and source record
20 paragraphs
Prosel Limited v Timothy (Civil Appeal E193 of 2020) [2023] KEHC 25524 (KLR) (Civ) (16 November 2023) (Directions)
Neutral citation: [2023] KEHC 25524 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E193 of 2020
JN Mulwa, J
November 16, 2023
Between
Prosel Limited
Appellant
and
Amina Mudoga Timothy
Respondent
(An appeal against the Judgment and Decree of the Chief Magistrates Court at Nairobi in Civil Case No. 3217 of 2017 delivered by Hon.Peter Muholi (SRM) on 12th August, 2020)
Directions
1. This appeal arose from the trial court’s judgment delivered on 12/8/2020. The dispute before the said court was over an employee and employer. The Appellant being dissatisfied lodged this appeal in this court. Under section 12 of the Employment and Labour Relations Court Act, all disputes between employers and employees are to be dealt with before the Employment and Labour Relations Court.
2. In the premises this appeal cannot be entertained in this Court for lack of Jurisdiction. Let the appeal be redirected to the court with Jurisdiction. The Deputy Registrar of this court to act accordingly.
Orders accordingly.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 16TH DAY OF NOVEMBER 2023. JANET MULWAJUDGE