Joseph C Langat v Wilson K Rono & another [2015] KEHC 4146 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CIVIL CASE NO 53 OF 2005

JOSEPH C. LANGAT ---------------------------------------------------PLAINTIFF

VERSUS

WILSON K. RONO & ANOTHER-----------------------------DEFENDANTS

DIRECTIONS.

When this matter came for directions on 1/7/2015 Mr. Mbeche for the Plaintiff was of the view that the matter proceeds for hearing before this Court.

On the other hand Mrs. Bett for the defendants was of the view that being employment related matter it should be heard in the Environment & Land Related Court.  I have perused the file, including the pleadings and the evidence of the plaintiff.

The plaintiff claims to have been wrongfully dismissed on the basis of false allegations.  It is these alleged false allegations which are the basis of the defamation claim.

When the 1st Defendant wrote the letter the basis of the defamation he did so as an employee of the 2nd defendant, and on behalf of the 2nd defendant who was the plaintiff's employer.

There is no way the issue of dismissal can be separated from the defamation.  They go hand in hand.  He has also made a claim for terminal benefits.

The fact that the Defendants  had not earlier on raised the issue of Jurisdiction does not confer Jurisdiction to this Court.

I therefore find that its the Environment & Land Related Court which has Jurisdiction to deal with this suit.  The same is hereby transferred to the said Court for hearing and determination.

Dated, Signed and Delivered in Open Court this 3rd Day of July 2015.

H.I. ONG'UDI

JUDGE.

In the presence of:

Mr. Mbeche Moses for Plaintiff.

Mr. Koech for defendants.

Robert – Court Assistant.