Mahee Flowers Ltd v Ann Nduta Kariuki [2017] KEHC 495 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CIVIL APPEAL NUMBER 210 OF 2012

MAHEE FLOWERS LTD........................................APPELLANT

VERSUS

ANN NDUTA KARIUKI.......................................RESPONDENT

(Being and Appeal from the Ruling of the Honourable Resident Magistrate Mr. V.K. Kiptum delivered on 5th October 2012 and the Judgment of Honourable Senior resident Magistrate Mrs. A.B. Mong'are delivered on 12th June 2012 in Nyahururu SPMCC No.229 of 2006)

RULING/DIRECTIONS

1. This appeal arose from a ruling of the trial court delivered on the 5th October 2012 and Judgment delivered on the 12th June 2012 in Nyahururu SPMCC NO.229 of 2006.  It was filed on the 10th December 2012, both obviously out of the requisite period upon which an appeal may be filed, being 30 days (Section 79G of the Civil Procedure Act).  I have perused the court proceedings and I have not found on application by the appellant for leave to file the appeal out of time or an order of court granting such leave.

2. The application before me is dated 10th December 2012 seeking an order of stay of execution of the judgment delivered on the 12th June 2012.

I have noted that a conditional stay of execution was granted on the 12th June 2012 and the whole decretal sum of Kshs.371,250/= deposited in court on the 13th February 2013.

A further scrutiny of the trial court record and proceedings confirm that the suit filed by the respondent by her plaint dated 20th April 2006 involved a dispute between an employee (respondent) and employer (appellant).

3. Without further interrogation, it is evident that the appeal and all interlocutory applications therefrom lie for determination by the Employments and Labour Relations Court, a specialised court, established under Article 162(2) (a) of the Constitution whose mandate as stated in the Constitution is settling employment and industrial relations disputes.  Section 12 of the Employment and Labour Relations Act Cap 234b states the court jurisdiction.

4. It has both original and appellate jurisdiction (Section 12 (5).

For the above reasons this court (High Court) lacks jurisdiction to entertain the appeal, and the application dated 10th December 2012.

I am therefore constrained to transfer the appeal to the Employments and Labour Relations Courtfor hearing and determination.

Parties are directed to take a mention date before the said court o take directions on the hearing of the notice of motion stated above, and the Appeal.

Dated and Signed  this 29th Day of September 2017.

J.N. MULWA

JUDGE

Delivered on this 12th Day of October 2017.

R. LAGAT KORIR

JUDGE