SAMSON GWER & 5 OTHERS V KENYA MEDICAL RESEARCH INSTITUTE (KEMRI) & 2 OTHERS [2013] KEELRC 379 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 379
- Citation
- [2013] KEELRC 379 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureOriginal trialCoramThe Hon. Judge
Holding
The High Court had jurisdiction to transfer the matter to the Industrial Court.
Facts
The petitioners are medical researchers who filed a petition in the High Court alleging contravention of fundamental rights and freedoms under the Constitution of Kenya 2010. The matter was transferred to the Industrial Court due to the issue arising from an employee/employer relationship.
Issues
- Whether the High Court had jurisdiction to transfer the matter to the Industrial Court.
- Whether the petitioners' claim is resjudicata.
Reasoning
The court held that the High Court had jurisdiction to transfer the matter to the Industrial Court as the Industrial Court was not yet fully operational and functional at the time the petition was filed.
Outcome
The petitioners' claim was not resjudicata.
Orders
- The High Court had authority to transfer the matter to the Industrial Court.
Authorities cited
Legislation (8)
- Article 22 and 23 of the Constitution of Kenya 2010
- Article 165 of the Constitution of Kenya 2010
- Article 23 of the Constitution of Kenya 2010
- Article 259 of the Constitution of Kenya 2010
- Article 162 of the Constitution of Kenya 2010
- Article 165(5) of the Constitution of Kenya 2010
- Article 202 of the Constitution of Kenya 2010
- Article 159(2) of the Constitution of Kenya 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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