REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL APPEAL CASE NO. 74 OF 2014 MENENGAI OIL REFINERIES LTD…………..……….……APPELLANT VERSUS MICHAEL WAKOBA WAMALWA………………….……RESPONDENT (Being an appeal from the judgment of the Resident Magistrate Honourable M. Otindo in Nakuru CMCC NO. 286 of 2013 delivered on the 27th May, 2014) DIRECTIONS. This appeal arose from the judgment of the trial court in Nakuru CMCC NO. 286 OF 2013 delivered on the 27/5/2014. The appellant was aggrieved by the said judgment in that it was found to have been 80% liable in negligence and awarded general damages to the respondent in the sum of ksh. 300,000/= and special damages of ksh. 5000/=, less contributory negligence, leaving a sum of kshs. 245,000/=to the respondent. I have considered the pleadings in the trial court case. Without a doubt, the parties’ relationship at the material times was one of employeremployee arising from a contract of employment between the parties. In the circumstances, the matter does not lie with the High Court in either its original or appellate jurisdiction. Article 162 (2) of the Constitution creates the Employment & Labour relations court, to hear and determine disputes relating to (a) employment and labour relations. Section 12 of the Employment and Labour Relations Court Act, 2011 gives exclusive original and appellate jurisdiction to hear ad determine all disputes referred to it in accordance with Article 162 (2) of the Constitution, including disputes relating to or arising out of employment between an employer and the employee. Having found that the dispute in this appeal arises out of such relationship, I find it a fit case for transfer to the ELR court for hearing and determination of the appeal. It is so transferred. Upon a new appeal number been allocated to the appeal, the parties shall mention the matter before the judge for further directions on the progression of the appeal It is so ordered and direct Delivered, Signed and Dated electronically at Nairobi this 20th day of MAY 2020. J.N. MULWA HIGH COURT JUDGE.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.