Godfrey Ngunjiri Njuguna v County Government of Nakuru [2020] KECA 539 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed you cannot use judicial review in the High Court to claim salary arrears; employment disputes belong exclusively in the Employment and Labour Relations Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the High Court had jurisdiction over the appellant's judicial review claim for salary arrears against his former employer
The High Court correctly held that it lacked jurisdiction, as the dispute was an employer-employee matter reserved exclusively to the Employment and Labour Relations Court.
The Constitution of Kenya, 2010 established specialized courts under Article 162(2) to hear employment and labour relations disputes. Article 165(5)(b) expressly excludes from the High Court's unlimited original jurisdiction matters falling within the jurisdiction of courts contemplated in Article 162(2). Section 12(1) of the Employment and Labour Relations Court Act confers exclusive original and appellate jurisdiction over such disputes on the ELRC. The dispute between the appellant and the respondent was clearly an employer-employee dispute, notwithstanding its presentation as judicial review.
The relationship between the High Court and the specialized courts under the Constitution
The High Court and the specialized courts are of equal status but are different courts with distinct jurisdictions; none may supervise or review the decisions of the other.
Relying on the Supreme Court's decision in Republic v Karisa Chengo & 2 others, the Court noted that the ELC and ELRC are superior courts of equal rank with the High Court and none has jurisdiction to superintend, supervise or review the mistakes of the other. Their jurisdictions are limited to the matters provided for in the statutes establishing them, an inference reinforced by Article 165(5) of the Constitution.
Legal principles established
#- The High Court is precluded by Article 165(5)(b) of the Constitution from exercising jurisdiction over matters falling within the jurisdiction of the specialized courts under Article 162(2), including employment and labour relations disputes.
- The High Court and the specialized courts (ELC and ELRC) are of equal status but are different courts, each limited to the jurisdiction conferred on it by statute; a judge of the High Court cannot be seized of a matter reserved for the Employment and Labour Relations Court.
Court orders
#- 1.The appeal is dismissed with costs
- On appeal from
- High Court of Kenya at Nakuru
- Nakuru H.C. Judicial Review No. 9 of 2011
- Jurisdiction invoked
- Section 3(1)(e) of the Appellate Jurisdiction Act / Article 164 of the Constitution (Court of Appeal appellate jurisdiction); the appeal turned on Article 165(3), 165(5)(b) and 162(2) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Godfrey Ngunjiri Njuguna v County Government of Nakuru [2020] KECA 539 (KLR)", Case Analysis (2020). Civil Appeal No. 72 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/539/eng@2020-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.