Security Ward Services v Peter Nyongesa Wandera [2018] KEELRC 1688 (KLR)

Employment and Labour Relations Court

23 February 2018

ANABUODHA J. N.

188 words in judgment

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The bottom line

A Kenyan court voided a magistrate's judgment in an employment dispute because only the Employment and Labour Relations Court can hear such cases.

What this practically means

Executive summary

By a Notice of Motion filed on 5th December 2016, the applicant sought stay of execution pending appeal against the judgment of the subordinate court (Hon. L. M. Wachira) delivered on 13th September 2016. Rather than determining the stay application, the Employment and Labour Relations Court, Abuodha J. N., raised the question of jurisdiction on its own motion. The court held that since the promulgation of the Constitution in 2010 and the inauguration of the ELR Court in 2012, employment and labour relations matters became the preserve of the ELR Court. Consequently, the subordinate court lacked jurisdiction to deliver the judgment of 13th September 2016, and that judgment was void. The court noted that several matters previously filed in the High Court and subordinate courts had been transferred to the ELR Court for hearing and disposal. The appropriate remedy, the court held, was not to grant or refuse the stay but to transfer Civil Suit No. 10839 of 2007 to the ELR Court for fresh hearing and disposal. The stay application was therefore not considered, and the subordinate court's judgment was set aside for want of jurisdiction. The judgment, dated and delivered at Nairobi on 23rd February 2018, contains no costs order, no citation of authorities, and does not record the parties' names. The disposition was expressed simply as 'It is so ordered.'

Key legal issues

Jurisdiction of the subordinate court over employment and labour relations matters

Holding

The subordinate court lacked jurisdiction to determine the employment matter after the 2010 Constitution and the establishment of the ELR Court; its judgment was void.

Reasoning

The court held that once the Constitution of 2010 was promulgated and the ELR Court inaugurated in 2012, employment and labour relations matters became the preserve of the ELR Court. Matters previously filed in the High Court and subordinate courts have been transferred to the ELR Court for hearing and disposal, so the subordinate court's judgment was made without jurisdiction and could not stand.

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Legal principles established

Following the promulgation of the Constitution in 2010 and the inauguration of the ELR Court in 2012, employment and labour relations matters are the exclusive preserve of the Employment and Labour Relations Court; subordinate court judgments in such matters delivered without jurisdiction are void.

Court orders

1.Void the judgment of the subordinate court delivered on 13th September, 2016 for want of jurisdiction
2.Order the transfer of Civil Suit No. 10839 of 2007 to the Employment and Labour Relations Court for fresh hearing and disposal

Authorities

Legislation

Constitution of KenyaNot specified (promulgated 2010)

On appeal from: Subordinate court; Civil Suit No. 10839 of 2007
Jurisdiction invoked: Exclusive jurisdiction of the Employment and Labour Relations Court over employment and labour relations matters under the Constitution of 2010

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Security Ward Services v Peter Nyongesa Wandera [2018] KEELRC 1688 (KLR)", Case Analysis (2018). Civil Suit No. 10839 of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1688/eng@2018-02-23

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