Labour Officer Vihiga v Hilem Shah [2014] KEELRC 1322 (KLR)
The bottom line
#Kenya's Employment Court confirmed it alone hears labour appeals from magistrates' courts and excused a late appeal because court records arrived late.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Industrial Court over criminal appeals with an employment flavour
The Industrial Court is the right forum for the appeal from the Vihiga magistrate's court in a labour-related prosecution; the High Court lacks jurisdiction under Article 165(5).
The court traced its jurisdiction to Article 162(2) of the Constitution and s.12 of the Industrial Court Act 2011, read with s.18 on appellate jurisdiction. Since the underlying charge related to employment records under s.74(2) of the Employment Act, the appeal from the magistrate's court falls to the Industrial Court despite its criminal-procedure origins.
Whether the late appeal should be admitted out of time
The delay was excusable: proceedings were supplied only on 4.11.2013 and the appeal was filed on 19.11.2013, satisfying the proviso in s.349 CPC.
The court applied the proviso to s.349 CPC permitting admission of an appeal out of time where failure to file within 14 days was caused by delay in obtaining the judgment and record. It found good cause, and invoked Article 159(5) (as cited in the judgment) and the principle that parties should not be condemned unheard.
Legal principles established
#- The Industrial Court has exclusive appellate jurisdiction over appeals from subordinate courts in employment and labour matters, ousting the High Court under Article 165(5).
- An appeal filed out of time under s.349 CPC may be admitted for good cause where the delay was caused by inability to obtain a copy of the judgment or record.
Court orders
#- 1.The application to strike out the respondent's appeal is dismissed.
- 2.The appeal is admitted and parties allowed to argue the appeal on merit.
- 3.Costs in the cause.
- On appeal from
- SPM's Court Vihiga
- Criminal Case No. 960 of 2012
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Industrial Court Act 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Labour Officer Vihiga v Hilem Shah [2014] KEELRC 1322 (KLR)", Case Analysis (2014). Notice of Motion filed 13.2.2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1322/eng@2014-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.