[2018] KEELRC 1905 (KLR)
The court found that as at 15th July 2015, the Magistrate's Court had no jurisdiction to entertain employment and labour relations disputes by virtue of section 87(2) of the Employment Act, 2007, section 12(1) of the Employment and Labour Relations Court Act, and Article 162(2) of the Constitution. The Magistrate's...
Source-derived case information.
- Citation
- [2018] KEELRC 1905 (KLR)
- Parties
- Appellant: Wilfred Olooko Muroka; Respondent: Nzoia Sugar Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Appeal 3 of 2016
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal allowed. Decision of the Magistrate's Court set aside. Suit reinstated and transferred to Employment and Labour Relations Court Bungoma.
- Judges
- MN Nduma
- Legal Topics
- Jurisdiction of Courts, Employment Disputes, Specialized Courts, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Olooko Muroka
Appellant
Nzoia Sugar Company Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Magistrate's Court had jurisdiction to hear and determine an employment and labour relations dispute as at 15th July 2015.
- 2 Whether the decision of the Magistrate's Court was null and void for want of jurisdiction.
Ratio Decidendi
The court found that as at 15th July 2015, the Magistrate's Court had no jurisdiction to entertain employment and labour relations disputes by virtue of section 87(2) of the Employment Act, 2007, section 12(1) of the Employment and Labour Relations Court Act, and Article 162(2) of the Constitution. The Magistrate's Court Act had not been amended to confer such jurisdiction at the material time. Consequently, the decision of the Magistrate was made without jurisdiction and was null and void ab initio. The appeal was allowed, the decision of the trial court set aside, and the suit reinstated and transferred to the Employment and Labour Relations Court at Bungoma for hearing and determination.
Court Disposition
Appeal allowed. Decision of the Magistrate's Court set aside. Suit reinstated and transferred to Employment and Labour Relations Court Bungoma.
Orders
- The decision of the Magistrate's Court is set aside.
- The suit is reinstated and transferred to the Employment and Labour Relations Court at Bungoma.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
APPEAL NO. 3 OF 2016
(AS CONSOLIDATED WITH MISC. CIVIL APPLICATION NO.19 OF 2017)
(Before Hon. Justice Mathews N. Nduma)
WILFRED OLOOKO MUROKA..................................APPLICANT
VERSUS
NZOIA SUGAR COMPANY LIMITED......................DEFENDANT
J U D G M E N T
1. This is an appeal from a decision of Principal Magistrate Hon. S. O. Mugute in Bungoma Civil Suit No. 568 of 2009 on the grounds that:-
(i) The Magistrate’s court had no jurisdiction whatsoever to hear and determine an Employment and Labour Relations dispute as provided for under section 87(2) of the Employment Act, 2007 and section 12(1) of the Employment and Labour Relations Court Act, as read with Article 162(2)(9) of the Constitution.
2. As at the time the Hon. Magistrate made his decision on 15th July 2015, the Magistrate court had no jurisdiction to entertain the suit at all by dint of section 87(2) of the Employment Act, 2007 which provides:-
“No court other than the Industrial Court shall determine any complaint or suit referred to in sub-section (1).”
3. Sub-section (1) provides for complaint and jurisdiction in cases of dispute between employers and employees.
4. Furthermore, as at the time, the Magistrates court Act, had not been amended to accord the Magistrate courts jurisdiction on matters specifically preserved for specialized courts under Article 162 of the Constitution.
5. Accordingly, the Magistrate Court lacked jurisdiction to hear and determine the dispute. The Magistrate acted without jurisdiction and his decision was null and void ab initio. The Appeal succeeds and the decision of the trial court set aside. See Court of appeal, Kisumu Civil Appeal No. 13 of 2016, Kanubha Merubha Vaghela vs James Ndirangu Ng’ang’a.
6. The suit is reinstated and transferred to E & LRC Bungoma. The parties to take directions for the hearing of the suit accordingly. Costs in the cause.
Judgment Dated, Signed and delivered this 6th day of June, 2018
MATHEWS N. NDUMA
JUDGE
Appearances
Claimant/Appellant in person
Mr. Murunga for Respondent
Chrispo – Court Clerk