[2018] KEELRC 1688 (KLR)

[2018] KEELRC 1688 (KLR)

The court found that the subordinate court lacked jurisdiction to determine employment and labour relations matters after the promulgation of the 2010 Constitution and the establishment of the Employment and Labour Relations Court. Consequently, the judgement delivered by the subordinate court on 13th September,...

Source-derived case information.

Citation
[2018] KEELRC 1688 (KLR)
Parties
Applicant: Security Ward Services; Respondent: Peter Nyongesa Wandera
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 23 of 2016
Procedural Posture
Cause Appeal / Ruling on Application for Stay of Execution and Jurisdictional Review
Outcome
Judgement of the subordinate court voided for want of jurisdiction; suit transferred to the Employment and Labour Relations Court for fresh hearing.
Judges
DI Wasike
Legal Topics
Jurisdiction of Elrc, Transfer of Suits, Effect of 2010 Constitution
Source Language
en
Employment and Labour Jurisdiction of Elrc Transfer of Suits Effect of 2010 Constitution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Security Ward Services

Applicant

Peter Nyongesa Wandera

Respondent

Procedural Posture

Cause Appeal / Ruling on Application for Stay of Execution and Jurisdictional Review

Legal Issues

  1. 1 Whether the subordinate court had jurisdiction to hear and determine employment and labour relations matters after the promulgation of the 2010 Constitution and the establishment of the Employment and Labour Relations Court.
  2. 2 Whether the judgement delivered by the subordinate court on 13th September, 2016 is valid.
  3. 3 Whether the suit should be transferred to the Employment and Labour Relations Court for fresh hearing and disposal.

Ratio Decidendi

The court found that the subordinate court lacked jurisdiction to determine employment and labour relations matters after the promulgation of the 2010 Constitution and the establishment of the Employment and Labour Relations Court. Consequently, the judgement delivered by the subordinate court on 13th September, 2016 was void. The proper course was to transfer the suit to the Employment and Labour Relations Court for fresh hearing and disposal, as only this court has the requisite jurisdiction over such matters.

Court Disposition

Judgement of the subordinate court voided for want of jurisdiction; suit transferred to the Employment and Labour Relations Court for fresh hearing.

Orders

  • The judgement of the subordinate court delivered on 13th September, 2016 is voided for want of jurisdiction.
  • Civil Suit No 10839 of 2007 is transferred to the Employment and Labour Relations Court for fresh hearing and disposal.