[2023] KEHC 1843 (KLR)
The High Court determined that the dispute between the parties arose from an employment relationship, as evidenced by the pleadings in the lower court. In accordance with the Constitution and statutory provisions, only the Employment and Labour Relations Court has jurisdiction to hear and determine such matters. The...
Source-derived case information.
- Citation
- [2023] KEHC 1843 (KLR)
- Parties
- Appellant: Zhongmei Engineering Group Limited; Respondent: James Matoke Obiero
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E095 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal transferred to the Employment and Labour Relations Court for want of jurisdiction.
- Judges
- WA Okwany
- Legal Topics
- Employment Contracts, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zhongmei Engineering Group Limited
Appellant
James Matoke Obiero
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 and labour relations dispute.
- 2 Whether the matter should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court determined that the dispute between the parties arose from an employment relationship, as evidenced by the pleadings in the lower court. In accordance with the Constitution and statutory provisions, only the Employment and Labour Relations Court has jurisdiction to hear and determine such matters. The court, therefore, lacked jurisdiction to entertain the appeal and directed that it be transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination, following established legal precedent.
Court Disposition
Appeal transferred to the Employment and Labour Relations Court for want of jurisdiction.
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 Obiero (Civil Appeal E095 of 2021) [2023] KEHC 1843 (KLR) (9 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1843 (KLR)
Republic of Kenya
In the High Court at Nyamira
Civil Appeal E095 of 2021
WA Okwany, J
March 9, 2023
Between
Zhongmei Engineering Group Limited
Appellant
and
James Matoke Obiero
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. 18 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