[2016] KEHC 995 (KLR)
The High Court determined that the dispute at hand, being an employment and labour relations matter arising from an alleged contract of employment and workplace injury, falls within the exclusive jurisdiction of the Employment and Labour Relations Court as established by Article 162(2) of the Constitution and...
Source-derived case information.
- Citation
- [2016] KEHC 995 (KLR)
- Parties
- Appellant: Savanna International Ltd; Respondent: Mary Maswa Changalwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 177 of 2013
- 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
- Employment Contract Dispute, Workplace Injury, Employer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Savanna International Ltd
Appellant
Mary Maswa Changalwa
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 on appeal.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that the dispute at hand, being an employment and labour relations matter arising from an alleged contract of employment and workplace injury, falls within the exclusive jurisdiction of the Employment and Labour Relations Court as established by Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. Consequently, the High Court lacks jurisdiction to hear and determine the appeal, and the proper course is to transfer the matter to the Employment and Labour Relations Court for hearing and determination in its appellate jurisdiction.
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
22 paragraphs
REPUC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 177 OF 2013
SAVANNA INTERNATIONAL LTD….................................................. APPENT
VERSUS
MARY MASWA CHANGALWA............................................... RESPONDENT
(Being an appeal from the Jment/decree of Hon. Esther Boke, Senior Principal Magistrate Naivasha, delivered on 4th Septer 2013 in Naivasha PMCC No. 845 of 2010)
DIRECTIONS
1. The appeal hereof arose from the trial court's Judgment delivered on the 4thptember 201n Naivasha PMCC No.845 of 2010.
In his statement of claim the Respondent stated t he an employee of the Appellant under a contract of employment and while in the course of his dutiehe sustained injuriebld the appellant for negligence and sought for damages. The appellant denied there ing been a contract of employment as red nor any injuries sustained by the Respondent in the course ofmployment.
2. Upon hearing the c, the trial court e findings that the respondent an employee of the appellant, injured and awarded damages to him as compenion. T gave rise to this appeal.
There is no doubt t the primary suit concerned employment and labour relations between the parties.
Article 162(2) of the Kenya 2010 Constitutionestablid specialised courts with the status of the High court to hear and determine disputes relating to:
(a) Employmentd Labour relations
(b)
3. The Employment and Labour Relations Co Act, Cap 234B c into ect on the th AugustSection 12thereof gives the court jurisdiction to hear and determine all disputes referred to it relating to Employment and our Relations including disputes relating to and arising out of employment between employer and employee.
The court is also seized with exclusive and appellate jurisdiction in the said matters.
4. For the above rens, this appeal ought to be heard and determined by the Employment and Labour Relations Court in its appellate jurisdiction.
The appeal is therefore transferred to the Employment and Labour Relation court for hearing and determination.
Dated, signed and delivered in this 10thday of November 2016
JANET MULWA
JUDGE