Erastus Ochieng Ouma v Transmara Sugar Company Ltd [2021] KEHC 5802 (KLR) | Jurisdiction Of Elrc | Esheria

Erastus Ochieng Ouma v Transmara Sugar Company Ltd [2021] KEHC 5802 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT AT MIGORI

Coram R. Wendoh

MIS CIVIL APPLICTAION NO. E1  OF 2020

ERASTUS OCHIENG OUMA...........................................APPLICANT

Versus

TRANSMARA SUGAR COMPANY LTD.......................RESPONDENT

RULING

I have duly perused the pleadings herein and the pleadings and ruling in ELRC 4/2019, from which this application arises.  It is clear that this is an employment matter which should be determined by the Employment and Labour Relations Court set up under Article 162 (2) (a) of the Constitution.  This court has no jurisdiction to handle it.  The counsel involved in this matter are aware of that fact but never raised this issue with the court.  For that reason, this suit is struck out with each party bearing its own costs.

DATED, SIGNED AND DELIVERED AT MIGORI THIS 29TH  DAY OF  JUNE, 2021

R. WENDOH

JUDGE

Ruling delivered in the presence of:-

No appearance for the Applicant

No appearance for  the Respondent

Ms Nyauke  Court Assistant