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High CourtOtherNot stated in the judgment (instant Appeal from Mombasa SRMCC No.527 of 2013)· [2020] KEHC 2938 (KLR)

REUBEN CHEGE MARITHA v V K HIRANI SUPPPLIERS

High Court of Kenya
28 September 2020
DCD. O. Chepkwony
1,407 words in judgment
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The bottom line

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Employment disputes and work injury appeals must go to the Employment and Labour Relations Court, not the High Court.

What this practically means

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Executive summary

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The Appellant sued his employer in Mombasa SRMCC No. 527 of 2013, alleging that on 29 June 2012, while employed as a crane operator and alighting from the crane after being relieved by a colleague, a half-tonne sludge boat fell from a tractor and injured his leg, attributing the accident to the employer's negligence and breach of the employment contract. He sought general damages, special damages, costs and interest. The employer admitted the injuries but denied negligence and joined a Third Party seeking indemnity or contribution. The trial magistrate dismissed the claim for failure to prove negligence. The Appellant appealed to the High Court on 14 grounds, including findings on duty of care, evaluation of evidence, apportionment of liability, and the quantum of Kshs 800,000 for malunion fracture of the left tibia and fibula. Before determining the appeal, the High Court (D. O. Chepkwony, J) raised the question of its own jurisdiction, applying the Lilian S principle that jurisdiction is everything, and Article 162(2) of the Constitution read with Section 12(1) of the Employment and Labour Relations Court Act, 2011, and the Supreme Court's decision in Republic v Karisa Chengo. Holding that the ELRC has exclusive jurisdiction over employer-employee disputes and appeals thereon, the Court declined jurisdiction and ordered the appeal transferred to the ELRC, Mombasa, for final determination, with costs to abide the outcome of the appeal. The judgment was delivered online pursuant to COVID-19 directions, with the parties waiving compliance with Order 21 Rule 1 of the Civil Procedure Rules.

Key legal issues

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01

Jurisdiction of the High Court over an appeal arising from an employment injury claim

Holding

The High Court lacks jurisdiction; the dispute falls within the exclusive jurisdiction of the ELRC and the appeal was transferred there.

Reasoning

The court invoked Article 162(2) of the Constitution and Section 12(1) of the Employment and Labour Relations Court Act, 2011, which confer exclusive original and appellate jurisdiction on the ELRC over disputes arising out of employment between employer and employee. Relying on the Supreme Court's decision in Republic v Karisa Chengo, it held that the ELRC and High Court are distinct autonomous courts, and the High Court should not clothe itself with jurisdiction reserved to the ELRC.

p. 3

Legal principles established

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  • The ELRC has exclusive jurisdiction to hear appeals from courts and tribunals on labour and employment disputes, and the High Court cannot entertain matters reserved to the ELRC.

Court orders

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  1. 1.The Court declines jurisdiction to hear the Appeal
  2. 2.The Appeal is transferred to the Employment and Labour Relations Court, Mombasa, for final determination
  3. 3.Costs shall abide the outcome of the Appeal

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2), Article 162(2)(a), Article 165(5)
  • Employment and Labour Relations Court ActSections 12 and 87; Section 12(1)
  • Civil Procedure RulesOrder 21 Rule 1

Cases cited (2)

  • Owners of the Motor Vessel "Lilian S" Vs Caltex Oil (Kenya) Limited
    [1989] KLR 1

    Jurisdiction is everything; a court downs its tools once it holds it lacks jurisdiction

  • Republic Vs Karisa Chengo & Others
    Supreme Court Petition No.5 of 2015 [2017] eKLR

    ELRC and High Court are distinct autonomous courts with sui generis jurisdictions; neither can entertain matters reserved to the other

On appeal from
Chief Magistrate's Court, Mombasa
SRMCC No.527 of 2013
Jurisdiction invoked
Article 162(2) of the Constitution as read with Sections 12 and 87 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, "REUBEN CHEGE MARITHA v V K HIRANI SUPPPLIERS", Case Analysis (2020). Not stated in the judgment (instant Appeal from Mombasa SRMCC No.527 of 2013). Source:

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