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Court of AppealDismissedCivil Appeal No. 72 of 2016· [2020] KECA 539 (KLR)

Godfrey Ngunjiri Njuguna v County Government of Nakuru [2020] KECA 539 (KLR)

Court of Appeal
10 July 2020
2,983 words in judgment
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The bottom line

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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

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Executive summary

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This was an appeal against a ruling of the High Court of Kenya at Nakuru (H. O. Omondi, J, delivered 28th January 2015) striking out the appellant's Judicial Review Application in which he sought an order of mandamus compelling the Municipal Council of Nakuru (predecessor of the County Government of Nakuru) to compute and pay his salary arrears of Kshs 3,958,685.63 following his dismissal in 2002 and subsequent acquittal of criminal charges. The judge upheld a preliminary objection, holding that the dispute was a labour relations matter falling within the exclusive jurisdiction of the Industrial (now Employment and Labour Relations) Court under Section 12 of the Labour Institutions Act, and struck out the Notice of Motion. The appellant advanced eight grounds, contending principally that the High Court had jurisdiction under Articles 165(3)(a), 165(6)(7) and 23(3)(f) of the Constitution, and that his suit was filed before the specialized courts were created. The respondent supported the ruling. The Court of Appeal (Karanja, Kiage & Sichalet, JJA) unanimously dismissed the appeal with costs. Relying on the Supreme Court's decision in Republic v Karisa Chengo & 2 others, the Court held that the dispute was an employer-employee matter reserved to the Employment and Labour Relations Court; that the High Court and the specialized courts are of equal status but different courts, none supervising the other; and that Article 165(5)(b) expressly bars the High Court from exercising jurisdiction over matters within the specialized courts' jurisdiction. The lower court's ruling striking out the application was therefore affirmed. The binding proposition for lower courts is that judicial review cannot be used to circumvent the ELRC's exclusive jurisdiction over employment disputes.

Key legal issues

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Whether the High Court had jurisdiction over the appellant's judicial review claim for salary arrears against his former employer

Holding

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.

Reasoning

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.

p. 3
02

The relationship between the High Court and the specialized courts under the Constitution

Holding

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.

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The appeal is dismissed with costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 165(3)(a)
  • Constitution of Kenya, 2010Article 165(5)(b)
  • Constitution of Kenya, 2010Article 162(2)
  • Constitution of Kenya, 2010Article 162(3)
  • Constitution of Kenya, 2010Article 23(3)(f)
  • Constitution of Kenya, 2010Article 165(6)(7)
  • Labour Institutions Act, 2007Section 12
  • Employment Act, No. 11 of 2007Section 87(2)
  • Employment Act, No. 11 of 2007Section 90
  • Employment and Labour Relations Court ActSection 12(1)
  • Penal CodeSection 280

Cases cited (3)

  • M.V. Lilian S. vs. Caltex Oil
  • Jane Frances Angalia vrs Masinde Muliro University of Science and Technology and others [2010] eKLR
    [2010] eKLR
  • Republic v Karisa Chengo & 2 others [2017] eKLR
    [2017] eKLR
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.