[2023] KEHC 1847 (KLR)
The court determined that the dispute between the parties arose from an employment relationship, as evidenced by the pleadings in the lower court. The High Court lacks jurisdiction to hear and determine appeals in employment and labour relations matters, which are within the exclusive purview of the Employment and...
Source-derived case information.
- Citation
- [2023] KEHC 1847 (KLR)
- Parties
- Appellant: Zhongmei Engineering Group Limited; Respondent: Joshua Ogamba Nyachiro
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E002 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination.
- Judges
- WA Okwany
- 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
Zhongmei Engineering Group Limited
Appellant
Joshua Ogamba Nyachiro
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine an appeal arising from an employment dispute.
- 2 Whether the matter should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The court determined that the dispute between the parties arose from an employment relationship, as evidenced by the pleadings in the lower court. The High Court lacks jurisdiction to hear and determine appeals in employment and labour relations matters, which are within the exclusive purview of the Employment and Labour Relations Court as established by Article 162(2) of the Constitution and the Employment and Labour Relations Court Act. Guided by precedent, the court held that the proper course of action was to transfer the appeal to the Employment and Labour Relations Court in Kisumu for hearing and determination, rather than dismissing it for want of jurisdiction.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination.
Orders
- The appeal is hereby transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination.
Full Case Text
Judgment text and source record
20 paragraphs
Zhongmei Engineering Group Limited v Nyachiro (Civil Appeal E002 of 2022) [2023] KEHC 1847 (KLR) (9 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1847 (KLR)
Republic of Kenya
In the High Court at Nyamira
Civil Appeal E002 of 2022
WA Okwany, J
March 9, 2023
Between
Zhongmei Engineering Group Limited
Appellant
and
Joshua Ogamba Nyachiro
Respondent
(Being an Appeal against the Ruling of Hon. M. C. Nyigei – SRM Nyamira dated and delivered at Nyamira on the 1st day of December 2021 in the original Nyamira Chief Magistrate’s Court Civil Case No. 17 of 2017)
Ruling
1. This appeal was first placed before me for determination on October 5, 2022.
2. However, upon perusing the record of appeal and the submissions by counsel, I note that the matter revolves around the contract of Employment and Labour Relations.
3. At paragraphs 3 and 4 of the plaint filed before the lower court, the plaintiff/respondent herein stated that he was at all material times to the suit an employee of the appellant.
4. I find that this court lacks the jurisdiction to entertain the appeal, which I hereby direct should be transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination. I am guided by the decision in civil appeal No 28 of 2020 Magot Freight Services Ltd & another v Samson Mwakenda Mangale.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 9TH DAY OF MARCH 2023. W. A. OKWANYJUDGE