Savanna International Ltd v Mary Maswa Changalwa [2016] KEHC 995 (KLR)
Full Case Text
REPUC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 177 OF 2013
SAVANNA INTERNATIONAL LTD….................................................. APPENT
VERSUS
MARY MASWA CHANGALWA............................................... RESPONDENT
(Being an appeal from the Jment/decree of Hon. Esther Boke, Senior Principal Magistrate Naivasha, delivered on 4th Septer 2013 in Naivasha PMCC No. 845 of 2010)
DIRECTIONS
1. The appeal hereof arose from the trial court's Judgment delivered on the 4thptember 201n Naivasha PMCC No.845 of 2010.
In his statement of claim the Respondent stated t he an employee of the Appellant under a contract of employment and while in the course of his dutiehe sustained injuriebld the appellant for negligence and sought for damages. The appellant denied there ing been a contract of employment as red nor any injuries sustained by the Respondent in the course ofmployment.
2. Upon hearing the c, the trial court e findings that the respondent an employee of the appellant, injured and awarded damages to him as compenion. T gave rise to this appeal.
There is no doubt t the primary suit concerned employment and labour relations between the parties.
Article 162(2) of the Kenya 2010 Constitutionestablid specialised courts with the status of the High court to hear and determine disputes relating to:
(a) Employmentd Labour relations
(b)
3. The Employment and Labour Relations Co Act, Cap 234B c into ect on the th AugustSection 12thereof gives the court jurisdiction to hear and determine all disputes referred to it relating to Employment and our Relations including disputes relating to and arising out of employment between employer and employee.
The court is also seized with exclusive and appellate jurisdiction in the said matters.
4. For the above rens, this appeal ought to be heard and determined by the Employment and Labour Relations Court in its appellate jurisdiction.
The appeal is therefore transferred to the Employment and Labour Relation court for hearing and determination.
Dated, signed and delivered in this 10thday of November 2016
JANET MULWA
JUDGE