[2018] KEHC 1660 (KLR)
The court determined that the dispute between the parties arose from an employer-employee relationship and concerned matters of employment and labour relations. Under Article 162(2) of the Constitution and section 17 of the Employment and Labour Relations Court Act, such disputes fall within the exclusive...
Source-derived case information.
- Citation
- [2018] KEHC 1660 (KLR)
- Parties
- Appellant: West Kenya Sugar Company Limited; Respondent: Godfrey Mukhangai Shadrack
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 15 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Matter transferred for want of jurisdiction.
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction of High Court, Employment Relationship, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
West Kenya Sugar Company Limited
Appellant
Godfrey Mukhangai Shadrack
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Does the High Court have jurisdiction to hear an appeal arising from an employer-employee dispute after the establishment of the Employment and Labour Relations Court?
- 2 Should the matter be transferred to the Employment and Labour Relations Court?
Ratio Decidendi
The court determined that the dispute between the parties arose from an employer-employee relationship and concerned matters of employment and labour relations. Under Article 162(2) of the Constitution and section 17 of the Employment and Labour Relations Court Act, such disputes fall within the exclusive jurisdiction of the Employment and Labour Relations Court. Article 165(5) of the Constitution expressly removes such matters from the jurisdiction of the High Court. Consequently, the High Court lacks jurisdiction to entertain the appeal, and the proper course is to transfer the matter to the Employment and Labour Relations Court for further handling.
Court Disposition
Matter transferred for want of jurisdiction.
Orders
- The appeal is transferred to the Employment and Labour Relations Court sitting at Kisumu for further directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 15 OF 2014
WEST KENYA SUGAR COMPANY LIMITED...................APPELLANT
VERSUS
GODFREY MUKHANGAI SHADRACK...........................RESPONDENT
(An appeal arising from the judgment and decree of the Hon. ML Nabibya, Senior Resident Magistrate, in Butali SRMCCC No. 58 of 2011 of 13th February 2014)
RULING
1. The Constitution 2010, at Article 162(2), establishes a special court to handle disputes that revolve around industrial and labour relations. Article 165(5) of the same Constitution strips the High Court of jurisdiction over such matters.
2. For avoidance of doubt, Article 162(2) states as follows:–
‘Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to –
(a) employment and labour relations; and
(b) the environment and the use and occupation of, and title to, land.’
3. On the other hand, Article 165(5) of the Constitution states as follows:-
‘The High Court shall not have jurisdiction in respect of matters-
(a) reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or
(b) falling within the jurisdiction of the courts contemplated in Article 162(2).’
4. In obedience to Article 162(2) of the Constitution, Parliament did, through the Employment and Labour Relations Court Act, No. 20 of 2011, establish such a court, known as the Employment and Labour Relations Court. The jurisdiction of the Employment and Labour Relations Court is set out in section 17 of the Employment and Labour Relations Court Act. The said court has exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution, relating to employment and labour relations, which includes disputes relating to or arising out of employment between an employer and an employee.
5. The pleadings lodged at the lower court disclose that the parties hereto were in an employer and employee relationship at the time material to the dispute at hand. The cause of action is said to have arisen in the course of the said employment. It is alleged in the plaint that the accident the subject of the suit arose on account of a breach of the contract of employment between the two parties or by reason of breach of a statutory duty of care by the employer or a breach of some common law rule governing relations between an employer and an employee. The suit therefore turns on matters that relate to industrial or employment or labour relations.
6. In view of everything said so far, it follows that I, sitting as Judge of the High Court, have no jurisdiction to deal with the appeal placed before me. The dispute in question falls squarely within the mandate of the Employment and Labour Relations Court. I shall accordingly direct that the matter be transferred to the Employment and Labour Relations Court sitting at Kisumu for further directions.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER, 2018
W. MUSYOKA
JUDGE