Obiero v Deputy Registrar, Employment and Labour Relations Court at Kisumu & 2 others [2023] KEHC 25634 (KLR) | Judicial Review | Esheria

Obiero v Deputy Registrar, Employment and Labour Relations Court at Kisumu & 2 others [2023] KEHC 25634 (KLR)

Full Case Text

Obiero v Deputy Registrar, Employment and Labour Relations Court at Kisumu & 2 others (Judicial Review Miscellaneous Application E002 of 2023) [2023] KEHC 25634 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25634 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review Miscellaneous Application E002 of 2023

RE Aburili, J

November 17, 2023

IN THE MATTER OF ARTICLES 10, 22, 29, 47 & 50 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF SECTIONS 3, 4, 7, 8, 9, 10 & 11 OF THE FAIR ADMINISTRATIVE ACTION ACT AND IN THE MATTER OF SECTION 21 OF THE GOVERNMENT PROCEEDINGS ACT

Between

Solomon Obiero

Applicant

and

Deputy Registrar, Employment and Labour Relations Court At Kisumu

1st Respondent

Peter Otieno Odero & 68 others

2nd Respondent

Officer Commanding Station Homabay Police Station

3rd Respondent

Ruling

1. I have considered the application dated 14th November 2023 under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.

2. Needless to say that the application seeks for leave to apply for Judicial Review Orders of certiorari, prohibition and a temporary injunction in a matter involving parties who are litigating before the Kisumu Employment and Labour Relations court in ELRC Case No. 3 of 2018.

3. This court from the onset has no jurisdiction to adjudicate over and determine or supervise the ELRC in matters employment and labour relations. This is by dint of Article 165 (5) (b) of the Constitution which expressly bars the High Court from hearing and determining disputes expressly falling under the jurisdiction of the ELC, ELRC and the Supreme Court.

4. As this court has no supervisory jurisdiction over ELRC and orders made by the Deputy Registrar as an ELRC Court, I find this application misplaced. It is hereby struck out for want of jurisdiction.

5. I make no orders as to costs and proceed to close this file.

6. The Registry to notify the Applicant’s counsel forthwith.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE