REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MIGORI CIVIL APPEAL NO. 43 OF 2017 TRANS MARA SUGAR CO. LTD.........APPELLANT -versusALBERT OPIYO..................................RESPONDENT (Being an appeal arising from the judgment and decree by Hon. M. Wachira, Senior Resident Magistrate in Migori Chief Magistrate’s Civil Case No. 285 of 2014 delivered on 16/02/2017) FURTHER DIRECTIONS 1. Upon a careful consideration of the record in this appeal, I find that this matter revolves around an alleged breach of an employment contract between the parties. 2. Pursuant to Articles 165(5) and 162(2) of the Constitution and flowing from the Supreme Court of Kenya decision in Republic vs. Karisa Chengo & 2 others Petition No. 5 of 2015 (2017) eKLR I hereby decline jurisdiction in this matter and direct that the same be placed before the Employment and Labour Relations Court for further dealing. 3. I hereby issue the following orders/directions: (a)All the orders and/or directions made by this Court in this appeal be and are hereby set-aside; (b) The Deputy Registrar shall forthwith transmit this matter to the Employment and Labour Relations Court in Kisumu. Orders accordingly. DELIVERED, DATED and SIGNED at MIGORI this 4th day of October, 2018. A. C. MRIMA JUDGE
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