Maendeleo Ya Wanawake Organisation v Hellen Makone & another [2014] KEELRC 1065 (KLR)
The bottom line
#Kenya's Industrial Court confirmed it alone hears employment disputes, striking out a magistrate court case as a nullity while letting the plaintiff restart.
What this practically means
#Executive summary
#Key legal issues
#Whether the Industrial Court has supervisory jurisdiction over subordinate courts in employment and labour relations matters
Yes. The Industrial Court has the same status and jurisdiction as the High Court when handling employment and labour relations matters, and therefore may supervise subordinate courts exercising jurisdiction over such matters.
Article 162(2) establishes courts with the status of the High Court for employment and labour disputes, while Article 165(5) excludes such matters from the High Court's jurisdiction. Reading the two together, the supervisory power donated to the High Court under Article 165(6) and (7) vests in the Industrial Court in employment matters. Sections 18(2), 29 and 12 of the Industrial Court Act support this position, consistent with Majanja J's ruling in USIU v Attorney General.
Whether the claim in CMCC No. 8114 of 2013 is an employment and labour relations dispute outside the Chief Magistrate's Court's jurisdiction
Yes. The dispute between the Respondent and the Petitioners is an employer/employee dispute falling within the exclusive jurisdiction of the Industrial Court.
Paragraphs 4, 5 and 6 of the plaint pleaded that the Respondent was executive director of the 1st Petitioner and was locked out of her office by the 2nd Petitioner, and the prayers sought reinstatement and non-interference with her duties. These demonstrate an employer/employee dispute envisaged by Section 12(1)(a) of the Industrial Court Act and Section 87(1) of the Employment Act, over which the Industrial Court has exclusive jurisdiction under Articles 162(2) and 165(5) of the Constitution.
Whether the suit filed before the Chief Magistrate's Court could be transferred to the Industrial Court
No. A suit filed in a court without jurisdiction is a nullity and cannot be transferred; the suit was struck out and the Respondent left free to file her claim afresh.
Following Boniface Waweru Mbivu v Mary Njeri & Another and Abraham Mwangi Wamigwi v Simon Mbiriri Wanjiku & Another, a suit filed in a court without jurisdiction is a nullity, and a nullity cannot be moulded into something through a transfer. The court accordingly declared CMCC 8114 of 2013 a nullity, struck it out, and held there was nothing to transfer, leaving the Respondent free to institute a fresh claim.
Legal principles established
#- The Industrial Court, having the status of the High Court under Article 162(2) of the Constitution, has jurisdiction to supervise subordinate courts in employment and labour relations matters
- A suit filed in a court without jurisdiction is a nullity and cannot be transferred to a competent court
Court orders
#- 1.A declaration that CMCC No. 8114 of 2013 is a nullity
- 2.CMCC No. 8114 of 2013 is struck out
- 3.No transfer of the suit to the Industrial Court, as there is nothing to be transferred
- 4.The Petition is declared conclusively dealt with and spent
- 5.The Respondent is at liberty to file her claim afresh in the Industrial Court
- 6.Each party to bear its own costs of the application and the Petition
- Jurisdiction invoked
- Articles 162(2) and 165 of the Constitution and Section 12 of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Juliana Katini Mdari v Mastermind Tobacco Kenya Limited[2020] KEHC 1915 (KLR)6 Nov 2020
- Kenya Universities Staff Union (Ex-Parte Applicant) v. The University Council of Masinde Muliro University of Science & Technology & Others[2018] KEHC 8534 (KLR)14 Feb 2018
Cite this brief
#Cite this brief
Caselaw, "Maendeleo Ya Wanawake Organisation v Hellen Makone & another [2014] KEELRC 1065 (KLR)", Case Analysis (2014). Not stated in the judgment (Petition filed 10th February 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1065/eng@2014-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.