[2018] KEHC 3359 (KLR)
The High Court lacks jurisdiction to determine disputes relating to employment and labour relations, as such matters fall within the exclusive mandate of the Employment and Labour Relations Court under Articles 165(5) and 162(2) of the Constitution. The Supreme Court's decision in Republic vs. Karisa Chengo & 2...
Source-derived case information.
- Citation
- [2018] KEHC 3359 (KLR)
- Parties
- Appellant: Trans Mara Sugar Co. Ltd; Respondent: Albert Opiyo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 43 of 2017
- Procedural Posture
- Civil Appeal / Jurisdictional Ruling
- Outcome
- High Court declines jurisdiction and transfers matter to Employment and Labour Relations Court.
- Judges
- AC Mrima
- Legal Topics
- Employment Contracts, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trans Mara Sugar Co. Ltd
Appellant
Albert Opiyo
Respondent
Procedural Posture
Civil Appeal / Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal arising from an alleged breach of employment contract.
- 2 Whether the matter should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to determine disputes relating to employment and labour relations, as such matters fall within the exclusive mandate of the Employment and Labour Relations Court under Articles 165(5) and 162(2) of the Constitution. The Supreme Court's decision in Republic vs. Karisa Chengo & 2 others clarified the constitutional allocation of judicial authority, requiring that this appeal be transferred to the appropriate court. All prior orders and directions by the High Court in this appeal are set aside, and the matter is to be transmitted to the Employment and Labour Relations Court for further handling.
Court Disposition
High Court declines jurisdiction and transfers matter to Employment and Labour Relations Court.
Orders
- All orders and/or directions made by the High Court in this appeal are set aside.
- The Deputy Registrar shall forthwith transmit this matter to the Employment and Labour Relations Court in Kisumu.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CIVIL APPEAL NO. 43 OF 2017
TRANS MARA SUGAR CO. LTD.........APPELLANT
-versus-
ALBERT OPIYO..................................RESPONDENT
(Being an appeal arising from the judgment and decree by Hon. M. Wachira, Senior Resident Magistrate inMigori Chief Magistrate’s Civil Case No. 285 of 2014 delivered on 16/02/2017)
FURTHER DIRECTIONS
1. Upon a careful consideration of the record in this appeal, I find that this matter revolves around an alleged breach of an employment contract between the parties.
2. Pursuant to Articles 165(5) and 162(2) of the Constitution and flowing from the Supreme Court of Kenya decision in Republic vs. Karisa Chengo & 2 others Petition No. 5 of 2015 (2017) eKLRI hereby decline jurisdiction in this matter and direct that the same be placed before the Employment and Labour Relations Court for further dealing.
3. I hereby issue the following orders/directions: -
(a)All the orders and/or directions made by this Court in this appeal be and are hereby set-aside;
(b) The Deputy Registrar shall forthwith transmit this matter to theEmployment and Labour Relations Courtin Kisumu.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 4th day of October, 2018.
A. C. MRIMA
JUDGE