[2020] KEHC 2274 (KLR)
The High Court determined that since the application for judicial review orders of mandamus arises from a judgment delivered by the Employment and Labour Relations Court, and the original file may need to be perused, it is proper and convenient for the Employment and Labour Relations Court to hear and determine the...
Source-derived case information.
- Citation
- [2020] KEHC 2274 (KLR)
- Parties
- Applicant: Peter Mwendwa Kaliki; Respondent: The Principal Secretary, Ministry of Interior & Coordination of National Government; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E034 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
- Outcome
- suit transferred to the Employment and Labour Relations Court
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwendwa Kaliki
Applicant
The Principal Secretary, Ministry of Interior & Coordination of National Government
Respondent
The Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
Legal Issues
- 1 Whether the High Court is the proper forum to hear and determine an application for judicial review orders of mandamus arising from a judgment of the Employment and Labour Relations Court.
- 2 Whether the application should be transferred to the Employment and Labour Relations Court for hearing and determination.
Ratio Decidendi
The High Court determined that since the application for judicial review orders of mandamus arises from a judgment delivered by the Employment and Labour Relations Court, and the original file may need to be perused, it is proper and convenient for the Employment and Labour Relations Court to hear and determine the application. The suit is therefore transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination.
Court Disposition
suit transferred to the Employment and Labour Relations Court
Orders
- This suit is transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination.
- The Chamber Summons dated 2nd June 2020 shall be placed before the Duty Judge at the Employment and Labour Relations Court at Nairobi on 29th September 2020 for directions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E034 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
PETER MWENDWA KALIKI.............................................................APPLICANTS
VERSUS
THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR& CORDINATION
OF NATIONAL GOVERNMENT................................................1STRESPONDENT
THE ATTORNEY GENERAL.....................................................2NDRESPONDENT
RULING
1. The Applicant herein has filed an application by way of Chamber Summons dated 2nd September 2020, seeking leave to apply for judicial review orders of mandamus to compel the 1st Respondent herein to honour and satisfy the judgment made in Nairobi ELRC Petition No. 14 of 2015 in the decretal sum of Kshs 608 576/=.
2. I note that the said application arises from, and is relying on a judgment delivered by the Employment and Labour Relations Court. Since the Court seized of this matter may need to peruse the original file in the said case in making its determination, it is proper, prudent and more convenient that this application be heard by the Employment and Labour Relations Court.
3. I accordingly order as follows:
i. This suit be and is hereby transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination.
ii. The Chamber Summons dated 2nd June 2020 shall be placed before the Duty Judge at the Employment and Labour Relations Court at Nairobi on 29th September 2020 for directions.
iii. The Deputy Registrar of the Judicial Review Division shall send acopy of this ruling and orders by electronic mail to theApplicant, and to the Deputy Registrar of theEmployment and Labour Relations Court at Nairobi,by close of business on Tuesday, 22nd September 2020.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 18th DAY OF SEPTEMBER 2020
P. NYAMWEYA
JUDGE