[2017] KEHC 5290 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from an employer-employee relationship, falling squarely within the exclusive jurisdiction of the Employment and Labour Relations Court as established by Article 162(2)(a) of the Constitution and Section...
Source-derived case information.
- Citation
- [2017] KEHC 5290 (KLR)
- Parties
- Appellant: Shayona Timber Ltd; Respondent: Wycliffe Avukusi Masambu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 173 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for determination.
- Judges
- JK Mulwa
- Legal Topics
- Jurisdiction of Elrc, Employer Employee Dispute, Transfer of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shayona Timber Ltd
Appellant
Wycliffe Avukusi Masambu
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine appeals arising from employment and labour disputes.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the dispute arose from an employer-employee relationship, falling squarely within the exclusive jurisdiction of the Employment and Labour Relations Court as established by Article 162(2)(a) of the Constitution and Section 12 of the Employment and Labour Relations Court Act. Any proceedings conducted by a court without jurisdiction are a nullity. Consequently, the appeal was transferred to the Employment and Labour Relations Court for determination under its appellate jurisdiction.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court for determination.
Orders
- The appeal is hereby transferred to the Employment and Labour Relations Court (ELRC) for further directions.
- Parties to mention the appeal before the Honourable Judge of the Employment and Labour Relations Court to take fresh directions on the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NO. 173 OF 2013
SHAYONA TIMBER LTD......................................................... APPELLANT
VERSUS
WYCLIFFE AVUKUSI MASAMBU.........................................RESPONDENT
(Being an appeal from the Chief Magistrate's Court at Nakuru the Honourable J.R.Aganyo Resident Magistrate) delivered on 6th September, 2013 in Nakuru CMCC No. 1303 of 2010)
RULING/DIRECTIONS
1. The appeal hereof arose from the judgment of the trial court delivered on the 6th September 2013 in Nakuru CMCC NO. 1303 of 2010.
I have considered the cause of action as stated in the plaint dated the 13th November 2010.
The plaintiff now the Respondent alleges to have been an employee of the appellant and while performing duties as assigned was injured.
He blamed the appellant for the injuries and sought compensation in terms of general and special damages for breach of contract of employment and negligence.
2. From the above short background, it is evident that the cause of action relates to employer-employee dispute.
3. Article 162(2) (a) of the Constitution of Kenya 2010 established a special court to determine all disputes arising from employment and Industrial disputes in furtherance and securing good employment and labour relations in Kenya. This is the Employment and Labour Relations Court. The said court has original and appellate jurisdiction over the said disputes arising from decisions of the Registrar of Trade Unions and any other court local tribunal or commission as prescribed under any written law.
Section 12 of the Employment and Labour Relations Court Act states the jurisdiction of the court.
4. It is therefore evident that this appeal ought to be heard and determined in the Employment and Labour Relations Court under its appellate jurisdiction. The High Court has no jurisdiction and once it released that fact, it is obligated to down its tools as anything done by a court without the necessary jurisdiction is nullity.
5. That realization came to me when I was preparing to determine the appeal after parties had taken directions and filed that respective written submissions on the appeal after the parties had taken directions and filed their respective written submissions on the appeal.
I shall therefore transfer the appeal for determination to the Employment and Labour Relations Court.
Parties are directed to mention the appeal before the Honourable Judge of the Employment and Labour Relations Court to take fresh directions on the appeal, parties having their submissions as to whether to adopt their said submissions or to file fresh submission, or as the court may determine.
6. The appeal is hereby transferred to the Employment and Labour Relations Court (ELRC) for further directions as stated above.
Date, Signed and Delivered this 11th Day of May 2017
J.N. MULWA
JUDGE