Zhongmei Engineering Group Limited v Nyachiro (Civil Appeal E002 of 2022) [2023] KEHC 1847 (KLR) (9 March 2023) (Ruling) Neutral citation: [2023] KEHC 1847 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CIVIL APPEAL E002 OF 2022 WA OKWANY, J MARCH 9, 2023 BETWEEN ZHONGMEI ENGINEERING GROUP LIMITED .............................. APPELLANT AND JOSHUA OGAMBA NYACHIRO ....................................................... RESPONDENT (Being an Appeal against the Ruling of Hon. M. C. Nyigei – SRM Nyamira dated and delivered at Nyamira on the 1st day of December 2021 in the original Nyamira Chief Magistrate’s Court Civil Case No. 17 of 2017) RULING 1. This appeal was first placed before me for determination on October 5, 2022. 2. However, upon perusing the record of appeal and the submissions by counsel, I note that the matter revolves around the contract of Employment and Labour Relations. 3. At paragraphs 3 and 4 of the plaint filed before the lower court, the plaintifi/respondent herein stated that he was at all material times to the suit an employee of the appellant. 4. I find that this court lacks the jurisdiction to entertain the appeal, which I hereby direct should be transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination. I am guided by the decision in civil appeal No 28 of 2020 Magot Freight Services Ltd & another v Samson Mwakenda Mangale. RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 9TH DAY OF MARCH 2023. W. A. OKWANY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1847/eng@2023-03-09 1
Original judgment
Zhongmei Engineering Group Limited v Joshua Ogamba Nyachiro
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