Trans Mara Sugar Co. Ltd v Albert Opiyo [2018] KEHC 3359 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MIGORI

CIVIL APPEAL NO. 43 OF 2017

TRANS MARA SUGAR CO. LTD.........APPELLANT

-versus-

ALBERT OPIYO..................................RESPONDENT

(Being an appeal arising from the judgment and decree by Hon. M. Wachira, Senior Resident Magistrate inMigori Chief Magistrate’s Civil Case No. 285 of 2014 delivered on 16/02/2017)

FURTHER DIRECTIONS

1. Upon a careful consideration of the record in this appeal, I find that this matter revolves around an alleged breach of an employment contract between the parties.

2. Pursuant to Articles 165(5) and 162(2) of the Constitution and flowing from the Supreme Court of Kenya decision in Republic vs. Karisa Chengo & 2 others Petition No. 5 of 2015 (2017) eKLRI hereby decline jurisdiction in this matter and direct that the same be placed before the Employment and Labour Relations Court for further dealing.

3. I hereby issue the following orders/directions: -

(a)All the orders and/or directions made by this Court in this appeal be and are hereby set-aside;

(b) The Deputy Registrar shall forthwith transmit this matter to theEmployment and Labour Relations Courtin Kisumu.

Orders accordingly.

DELIVERED, DATED and SIGNED at MIGORI this 4th  day of October, 2018.

A. C. MRIMA

JUDGE