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Court of AppealDismissedCivil Appeal No. 174 of 2012· [2016] KECA 750 (KLR)

Eliud Wafula Maelo v Ministry of Agriculture & 3 others [2016] KECA 750 (KLR)

Court of Appeal of Kenya
4 March 2016
DMD. K. MusingaSKS. Gatembu KairuAMA. K. Murgor
1,318 words in judgment
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The bottom line

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The Court of Appeal confirmed that Kenya's Sugar Arbitration Tribunal, not the High Court, is the right forum for sugar industry election disputes.

What this practically means

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Executive summary

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The appellant, an unsuccessful contestant in elections of grower and miller representatives to the Kenya Sugar Board, sued in the High Court at Bungoma seeking nullification of the Nzoia Zone elections and a repeat election, together with a temporary injunction restraining gazettement of the results. The respondents raised a preliminary objection that the proper forum was the Sugar Arbitration Tribunal established under section 31 of the Sugar Act. The preliminary objection was upheld and the suit and application were struck out. On appeal, the appellant argued that the High Court's unlimited original jurisdiction under Article 165(3) of the Constitution could not be ousted by the Sugar Act. The Court of Appeal held that although the High Court enjoys unlimited original jurisdiction, that jurisdiction can be ousted or restricted by statute, since Article 169(2) empowers Parliament to legislate on the jurisdiction of tribunals. Relying on the Supreme Court's decision in The Matter of the Interim Independent Electoral Commission and other authority, the Court held that the Sugar Arbitration Tribunal was intended as the first port of call for disputes in the sugar industry, including disputes over elections of grower and miller representatives, which were not excluded. The Court noted that the High Court retains appellate jurisdiction over tribunal decisions under Article 165(3)(c). The appeal was found to lack merit and was dismissed with costs to the respondents. This judgment binds subordinate courts on the proposition that statutory tribunals with exclusive jurisdiction oust the High Court's original jurisdiction over the disputes allocated to them.

Key legal issues

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01

Whether statutory tribunals can oust the High Court's unlimited original jurisdiction

Holding

Yes. The High Court's jurisdiction in particular matters can be ousted or restricted by statute; a statute creating an exclusive tribunal removes such disputes from the ordinary courts.

Reasoning

Article 165 confers unlimited original jurisdiction on the High Court, but Article 169(2) empowers Parliament to enact legislation prescribing the jurisdiction of subordinate courts and tribunals. Relying on Halsbury's Laws and prior Court of Appeal and Supreme Court authority, the Court held that where a statute specifies a tribunal with exclusive jurisdiction, the High Court's jurisdiction is ousted, though Article 165(3)(c) preserves appeals from tribunals to the High Court.

p. 2
02

Whether election disputes for grower and miller representatives to the Kenya Sugar Board fell within the Sugar Arbitration Tribunal's jurisdiction

Holding

Yes. Such disputes were not excluded from the tribunal's jurisdiction under section 31 of the Sugar Act.

Reasoning

Section 31 established a specific tribunal to arbitrate disputes between parties under the Act, including millers and growers. The election of grower and miller representatives was provided for by the repealed Act, and the tribunal could grant interim relief under rule 32 of the Sugar (Arbitration Tribunal) Rules, 2008. Election disputes were therefore within the tribunal's mandate as the first port of call.

p. 3
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The role of the High Court vis-à-vis statutory tribunals

Holding

The tribunal is the first port of call, but the High Court retains appellate jurisdiction over tribunal decisions under Article 165(3)(c).

Reasoning

The Court recognised the legislative intention to channel industry disputes to the tribunal, removing them from ordinary courts at first instance. However, the constitutional design preserves High Court oversight through its express appellate jurisdiction over tribunals under Article 165(3)(c), so the ouster is of original jurisdiction only.

p. 3

Legal principles established

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  • The jurisdiction of the High Court in particular matters can be ousted or restricted by statute; where a statute creates a tribunal with exclusive jurisdiction, disputes under that statute must be taken to that tribunal.
  • In determining whether a court has jurisdiction, regard must be taken not only of the Constitution but also of relevant statutes.
  • Parliament may by legislation confer jurisdiction on tribunals established under Article 169 of the Constitution, creating a first port of call for disputes in a regulated industry.

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Costs of the appeal are awarded to the respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 165(3), Article 165(3)(c), Article 169, Article 169(2), Article 159(1)
  • Sugar Actsection 31, section 31(1)
  • Sugar (Elections) Regulations, 2002regulation 13
  • Sugar (Arbitration Tribunal) Rules, 2008rule 32
  • Halsbury's Laws of England, Volume 10paragraphs 319 and 723

Cases cited (3)

  • Narok County Council v Trans-mara County Council
    [2000] E.A. 161
  • The Matter of the Interim Independent Electoral Commission
    [2011] eKLR
  • Suleiman Ibrahim v Awadh Said
    [1963] E.A. 179
On appeal from
High Court of Kenya at Bungoma
HCCC No. 72 of 2011
Jurisdiction invoked
Section 3A and rule 30 of the Court of Appeal Rules (implied); appeal against a ruling striking out a suit for want of jurisdiction, in the context of Article 165(3) of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (10)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Eliud Wafula Maelo v Ministry of Agriculture & 3 others [2016] KECA 750 (KLR)", Case Analysis (2016). Civil Appeal No. 174 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2016/750/eng@2016-03-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.