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ELRCDismissedNot stated in the judgment· [2019] KEELRC 1263 (KLR)

Longterm View Capital Limited v Ezra Okiega Ayuma [2019] KEELRC 1263 (KLR)

Employment and Labour Relations Court
20 June 2019
HWHellen Wasilwa
795 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court confirmed it can hear appeals from the Magistrate's Court whenever the underlying dispute involves employment, dismissing the challenge to its jurisdiction.

What this practically means

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Executive summary

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The Respondent filed a Preliminary Objection dated 5th March 2019 contending that the Employment and Labour Relations Court lacked jurisdiction to hear the appeal and the accompanying motion, which should be struck out or dismissed with costs. The Respondent argued that appeals from the Magistrates' Courts lie to the High Court under Section 65 of the Civil Procedure Act, and that the ELRC's appellate jurisdiction extends only to the Registrar of Trade Unions, prescribed tribunals, and decisions of the Director of Work Injury Benefits under Section 52(2) of WIBA, which does not confer jurisdiction on the Magistrates' Court or the High Court. The Appellant opposed the objection, relying on Section 87 of the Employment Act, Section 12(5) of the ELRC Act and Section 9(b) of the Magistrates' Courts Act, and cited Attorney General v Law Society of Kenya and Saidi Mohamed v Diamond Industries Limited on the WIBA route. Wasilwa J considered the scope of the Court's jurisdiction under Article 162(2) of the Constitution and Section 12(1) of the ELRC Act, which confers exclusive original and appellate jurisdiction over employment and labour disputes, including disputes arising out of employment between employer and employee. Holding that the dispute was an employment case concerning workplace injuries, the Court found that the appeal from the Magistrate's Court properly lay to the ELRC notwithstanding the authority cited. The Preliminary Objection was dismissed without merit, with costs in the appeal.

Key legal issues

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01

Jurisdiction of the ELRC to hear appeals from the Magistrate's Court in labour disputes

Holding

The ELRC has appellate jurisdiction over appeals from the Magistrate's Court where the dispute relates to employment, under Section 12(1)(a) of the ELRC Act read with Article 162(2) of the Constitution

Reasoning

The Court set out the exclusive original and appellate jurisdiction conferred by Section 12(1) of the Employment and Labour Relations Court Act, including disputes relating to or arising out of employment between an employer and an employee. Since the dispute concerned injuries allegedly suffered at the workplace and terms of a contract of employment, the appeal properly lay to the ELRC notwithstanding the Court of Appeal authority cited on the WIBA route.

p. 2

Legal principles established

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  • Appeals from the Magistrate's Court in employment matters lie to the Employment and Labour Relations Court under Section 12(1)(a) of the ELRC Act where the matter relates to employment

Court orders

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  1. 1.The Preliminary Objection dated 5th March 2019 is dismissed as without merit
  2. 2.Costs in the Appeal

Authorities

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Legislation

  • Employment ActSection 87
  • Employment and Labour Relations Court ActSection 12(1), 12(1)(a), 12(5)
  • Magistrates Courts ActSection 9(b)
  • Civil Procedure ActSection 65
  • Work Injury Benefits ActSection 52(2)
  • Constitution of KenyaArticle 162(2)

Cases cited (2)

  • Attorney General Vs Law Society of Kenya & Another
    (2017) eKLR
  • Saidi Mohamed Vs Diamond Industries Limited
    (2018) eKLR
On appeal from
Magistrate's Court
Jurisdiction invoked
Article 162(2) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act, 2011

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, "Longterm View Capital Limited v Ezra Okiega Ayuma [2019] KEELRC 1263 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1263/eng@2019-06-20

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