[2021] KEHC 6259 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine the Chamber Summons dated 29th April 2021, as the subject matter concerns employment and labour relations, specifically the appointment and extension of the acting chief executive officer of a public authority. Pursuant to Articles 162(2)(a)...
Source-derived case information.
- Citation
- [2021] KEHC 6259 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman, Board of Directors, National Water Harvesting and Storage Authority; Respondent: Board of Directors, National Water Harvesting and Storage Authority; Interested Party: Sharon Obonyo; Applicant: Mustafah Otieno Ochieng
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E059 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Leave and Jurisdiction
- Outcome
- transferred to employment and labour relations court
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Jurisdiction, Appointment of Ceo, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman, Board of Directors, National Water Harvesting and Storage Authority
Respondent
Board of Directors, National Water Harvesting and Storage Authority
Respondent
Sharon Obonyo
Interested Party
Mustafah Otieno Ochieng
Applicant
Procedural Posture
Judicial Review Application / Ruling on Leave and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine a judicial review application arising from employment matters involving the appointment of an acting chief executive officer.
- 2 Whether the application should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine the Chamber Summons dated 29th April 2021, as the subject matter concerns employment and labour relations, specifically the appointment and extension of the acting chief executive officer of a public authority. Pursuant to Articles 162(2)(a) and 165(5) of the Constitution and section 12 of the Employment and Labour Relations Court Act, such matters fall within the exclusive jurisdiction of the Employment and Labour Relations Court. Consequently, the High Court ordered the transfer of the suit to the Employment and Labour Relations Court at Nairobi for further hearing and determination.
Court Disposition
transferred to 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 ex parte Applicant's Chamber Summons dated 29th April 2021 shall be placed before the Duty Judge at the Employment and Labour Relations Court at Nairobi on 12th May 2021 for directions.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E059 OF 2021
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OFCERTIORARI
BETWEEN
REPUBLIC................................................................................................................................APPLICANT
VERSUS
CHAIRMAN, BOARD OF DIRECTORS,
NATIONAL WATER HARVESTING AND STORAGE AUTHORITY …………1ST RESPONDENT
BOARD OF DIRECTORS, NATIONAL WATER
HARVESTING AND STORAGE AUTHORITY ....................................................2ND RESPONDENT
AND
SHARON OBONYO.............................................................................................INTERESTED PARTY
EX PARTE APPLICANT:MUSTAFAH OTIENO OCHIENG
RULING
The Application
1. The ex parte Applicant herein have moved this Court in an application brought by way of a Chamber Summons dated 29th April 2021, in which he is seeking the following orders:
1. THAT this application be certified as urgent and the same be expeditiously heard and disposed of ex parte in the first instance.
2. THAT this Court be pleased to grant the Ex parte Applicant leave to apply for an order of certiorari to bring into this Court for purposes of being quashed the entire Resolutions of the 3rd Special Full Board of Directors of National Water Harvesting and Storage Authority Meeting of Held on 28th April 2021 together with extension letter of appointment as acting chief executive officer of the Interested Party dated 28th April 2021.
3. THAT the leave sought do operate as a stay of implementation of the entire Resolutions of the 3rd Special Full Board of Directors of National Water Harvesting and Storage Authority Meeting of Held on 28th April 2021 together with extension letter of appointment as acting chief executive officer of the Interested Party dated 28th April 2021.
4. THAT pending the hearing and determination of the substantive motion, there be a conservatory order prohibiting Sharon Obonyo the Interested party from occupying the office of the Chief Executive Officer and/or transacting any business of the Authority in the capacity of an Accounting Officer until a new full board meeting is convened to appoint a new Acting Chief Executive Officer.
5. THAT Such other, further order and/or incidental orders or directions as this Honorable Court shall deem just and expedient;
6. THAT the costs of this application to provide for.
2. The application is supported by a statutory statement dated 29th April 2021, and a verifying affidavit sworn on the same date by the ex parte Applicant. After a perusal of the ex parte Applicant’s pleadings, I note that the subject matter of the application is the Respondents decision in a letter dated 28th April 2021, to extend the appointment of the Interested Party as acting chief executive officer of the National Water Harvesting and Storage Authority for a period of (6) six months or until a substantive Chief Executive Officer is appointed.
3. The ex parte Applicant is therefore seeking leave to bring judicial review proceedings arising out of the Interested Party’s employment. This however, is a matter which falls within the exclusive jurisdiction of the Employment and Labour Relations Court, pursuant to Articles 162(2) (a) and 165(5) of the Constitution, and section 12 of the Employment and Labour Relations Act. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 29th April 2021.
The Orders
4. In the premises I direct and order that this suit be and is hereby transferred to the Employment and Labour Relations Court at Nairobi for further hearing and determination. The ex parte Applicants’ Chamber Summons dated 29th April 2021 shall accordingly be placed before the Duty Judgeat theEmployment and Labour Relations Court at Nairobi on 12th May 2021 for directions.
5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the ex parte Applicant, and to the Deputy Registrar of the Employment and Labour Relations Court at Nairobi, by close of business on 10th May 2021.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF MAY 2021
P. NYAMWEYA
JUDGE