[2018] KEHC 3633 (KLR)
The court determined that the substance of the petition relates to employment and recruitment, matters which are expressly reserved for the Employment and Labour Relations Court under Article 162(2) of the Constitution. Article 165(5)(b) specifically excludes the High Court from exercising jurisdiction over such...
Source-derived case information.
- Citation
- [2018] KEHC 3633 (KLR)
- Parties
- Applicant: Wilfred Murithi Kirima; Applicant: Douglas Mbae Kiogora; Applicant: Christopher Mwiti; Applicant: Patrick Kirigia; Applicant: Martin Mwenda; Applicant: Francis Curukia; Applicant: Adam Yassin; Respondent: Meru County Public Service Board
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 22 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection and Jurisdiction
- Outcome
- Preliminary objection upheld; High Court lacks jurisdiction; file to be transferred to Employment and Labour Relations Court.
- Legal Topics
- Jurisdiction of High Court, Employment Recruitment Disputes, Constitutional Violation Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Murithi Kirima
Applicant
Douglas Mbae Kiogora
Applicant
Christopher Mwiti
Applicant
Patrick Kirigia
Applicant
Martin Mwenda
Applicant
Francis Curukia
Applicant
Adam Yassin
Applicant
Meru County Public Service Board
Respondent
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to employment and recruitment by a County Public Service Board.
- 2 Whether the petition raises constitutional issues outside the exclusive jurisdiction of the Employment and Labour Relations Court.
Ratio Decidendi
The court determined that the substance of the petition relates to employment and recruitment, matters which are expressly reserved for the Employment and Labour Relations Court under Article 162(2) of the Constitution. Article 165(5)(b) specifically excludes the High Court from exercising jurisdiction over such matters. Consequently, the High Court lacks jurisdiction to entertain the petition, and the matter must be placed before the appropriate specialized court. The court directed the Deputy Registrar to forward the file to the Employment and Labour Relations Court in Nairobi for urgent consideration. Costs for the transfer are to be borne by the petitioners.
Court Disposition
Preliminary objection upheld; High Court lacks jurisdiction; file to be transferred to Employment and Labour Relations Court.
Orders
- Deputy Registrar to send the file to the Employment and Labour Relations Court in Nairobi under certificate of urgency.
- Costs of transfer to be borne by the petitioners.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
CONSTITUTIONAL NO. 22 OF 2018
IN THE MATTER OF ARTICLES 1,2,3, 10, 12, 19, 20, 21, 22, 23, 27, 47, 49,73,80,232,259 and 260 OF THE CONSTITION OF KENYA, 2010
AND
IN THE MATTER OF THE COUNTY GOVERNMENTS ACT, ACT NO. 17 OF 2012
AND
IN THE MATTER OF THE PUBLIC SERVICE (VALUES AND PRINCIPLES) ACT, 2015
AND
IN THE MATTER OF ONGOING RECRUITMENT BY MERU COUNTY PUBLIC SERVICE BOARD
BETWEEN
WILFRED MURITHI KIRIMA.............................................1ST PETITIONER
DOUGLAS MBAE KIOGORA..............................................2ND PETITIONER
CHRISTOPHER MWITI.......................................................3RD PETITIONER
PATRICK KIRIGIA...............................................................4TH PETITIONER
MARTIN MWENDA..............................................................5TH PETITIONER
FRANCIS CURUKIA............................................................6TH PETITIONER
ADAM YASSIN........................................................................7TH PETITIONER
VERSUS
MERU COUNTY PUBLIC SERVICE BOARD........................RESPONDENT
RULING
Wilfred Murithi Kiremia and 6 others filed this petition on 31. 7.2018 under certificate of urgency seeking that the court grants Conservatory orders barring the Respondent from 13th August 2018 as per list of shortlisted candidates for various positions advertised has been publicized.
The application is supported by the ground on the face of the application and supporting affidavit of Wilfred Murithi Kirima. The Petition (Grounds of the petition Constitutional Violations) as well as prayers being sought in the petition. Annexed to the application is a publication of the vacancies being sought to be filled by the County Government of Meru Public Service Board and Interview list and schedule of interviews for various positions.
The Respondents filed a Reply to the Petition and application as well as preliminary objection arguing that this court doesn’t have jurisdiction to deal/preside over this matter that relates to Employment and Labour Relations Court. The Preliminary objection is opposed for reasons that petition relates to breach and/or violations of the constitution.
As rightly submitted the jurisdiction of this court is provided for under Article 165 (3) & (4) Article 165 (3) & (4). Article 165 5(b) excludes High court’s jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated in Article 162 (2) of the constitution i.e Employment and Labour Relations court and Environment and Land Court.
I have considered the preliminary objection and find that this petition herein obviously relates to Employment/recruitment and should be tried by the special court created under Article 162 (2) of the Constitution. In consideration of this courts authority under Article 159(2). The Deputy Registrar is therefore directed to send a runner to the Employment & Labour Relations court in Nairobi and place this file before the duty Judge for consideration under certificate of urgency. The costs of such running shall be borne by the Petitioner.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 10TH DAY OF AUGUST 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner:- Mr. Kiogora Adv for Petitioners
Respondent: Mr. Mwirigi Adv for Respondent
HON. A.ONG’INJO
JUDGE