Security Ward Services v Peter Nyongesa Wandera [2018] KEELRC 1688 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA

AT NAIROBI

CAUSE APPEAL NUMBER23 OF 2016

SECURITY WARD SERVICES...........................CLAIMANT

VERSUS

PETER NYONGESA WANDERA................RESPONDENT

RULING

1. By a Notice of Motion filed on 5th December, 2016 the applicant sought stay of execution pending appeal against the judgement of the subordinate court Hon. L. M. Wachira delivered on 13th September, 2016.

2. The court will not consider the application but will instead void the judgement of the subordinate court delivered on 13th September, 2016 on the ground that the same was made without jurisdiction since the promulgation of the Constitution in 2010 and the inauguration of the ELR Court in 2012, employment and labour relations matters became a preserve of this Court.

3. This has seen several matters that were filed in the High Court and Subordinate Court transferred to this court for hearing and disposal.  The appropriate order to make in the present circumstance is to order the transfer of Civil suit No 10839 of 2007 to this court for fresh hearing and disposal.

4. It is so ordered.

Dated at Nairobi this 23rd day of February, 2018

ABUODHA J. N.

JUDGE

Delivered this 23rd day of February, 2018

In the presence of:-

................................for the claimant

...........................for the Respondent

ABUODHA J. N.

JUDGE