Mbithi v Chairman, Board of Management Tala High School (Civil Appeal E024 of 2022) [2023] KEELRC 2911 (KLR) (16 November 2023) (Judgment)

Summary at a glance

Facts

The Appellant, Michael Nguta Mbithi, filed a claim against the Respondent, Chairman, Board of Management of Tala High School, alleging employment and labour relations disputes. The Respondent raised preliminary objections, and the trial court dismissed the claim.

Issues

• Whether the court has jurisdiction to hear claims in respect of employment and labour relations
• Whether the Appellant's claim is time barred
• Whether the Respondent has been properly sued

Reasoning

The learned trial Magistrate found that she had no jurisdiction to hear the claim because she had not been gazetted. The Court held that the learned trial Magistrate erred in law by pronouncing herself on the Industrial Court Act, 2011, which has since been repealed by the Employment and Labour Relations Court Act, 2011.

Outcome

Appeal allowed

Orders

• The ruling by Hon Martha Opanga, SRM is set aside
• The Appellant's claim is remitted for hearing on merit before another Magistrate of the rank named in Gazette Notice No 6024 of 10th June 2018, other than Hon Opanga

Remedies

• Remission of the Appellant's claim for hearing on merit

Authorities cited