Mini Bakeries Nairobi Limited v Omollo [2023] KEHC 26552 (KLR)

Mini Bakeries Nairobi Limited v Omollo (Civil Appeal 116 of 2021) [2023] KEHC 26552 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26552 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 116 of 2021

RE Aburili, J

December 1, 2023

Between

Mini Bakeries Nairobi Limited

Appellant

and

Lucas Onyango Omollo

Respondent

(Arising from the Ruling and Order of Hon. P. N. Gesora CM in Kisumu CM ELRC No. E41 of 2020 rendered on 20th September 2021)

Ruling

1. I have perused the Memorandum of Appeal filed in this court on 30th September 2021 emanating from Employment and Labour Relations Court in the Chief Magistrate’s Court at Kisumu Case No. E41 of 2020.

2. From the Plaint, the proceedings and the appeal documents including the record of appeal already filed on 26th October 2023, no doubt, the appeal arises from ELRC proceedings and the claim was rightly filed before an ELRC subordinate court exercising such jurisdiction.

3. Regrettably, the appeal was filed to the High Court. The High Court is deprived of both original and appellate jurisdiction to hear and determine disputes and or conduct proceedings relating to Employment and Labour Relations and this is clear from the constitutional provisions of article 162(2) (a) and 165 (5) (b) as read with section 12 of the Employment and Labour Relations Court Act.

4. The Appellant knew and ought to have known these very basic facts. Therefore, for want of jurisdiction, this appeal is hereby struck out with no orders as to costs.

5. This file is closed. Ruling to be typed.

6. I so order.

7. Appellant’s counsel to be notified.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 1STDAY OF DECEMBER, 2023. R. E. ABURILIJUDGE