NAIVASHA SELF SERVICE STORES LIMITED V HENRY LANGAT CHERUIYOT & 3 OTHERS [2012] KEHC 3531 (KLR)
- Court
- High Court of Kenya
- Case number
- 3531
- Citation
- [2012] KEHC 3531 (KLR)
- Decided
- 13 June 2012
This court lacks jurisdiction to entertain the plaintiff's suit and application due to the exclusive jurisdiction of the Industrial Court under the Industrial Court Act, 2011.
Facts
The plaintiff, Naivas Self Service Stores Limited, claims that its employees, Henry Langat Cheruiyot, Daniel Mukuhah Njau, Paul Thuku Gachora, and Maurice Simule, jointly stole various items valued at Kshs. 36,645,161 from the plaintiff's Naivas Sokoni Branch in Eldoret.
Issues
- Plaintiff's claim for repossession of stolen goods and furnishing security for stolen goods
- Jurisdiction of the High Court vs. Industrial Court
Reasoning
The defendants are described as employees of the plaintiff, and the dispute arises from their employment relationship. The Industrial Court Act, 2011, grants exclusive jurisdiction to the Industrial Court for disputes arising out of employment between an employer and an employee.
Outcome
The plaintiff's suit and application are struck out.
Orders
- The plaintiff's suit and application are struck out.
- Each party shall bear its own costs of the suit and application.
Authorities cited
Legislation (2)
- Industrial Court Act, 2011
- Constitution of Kenya, Article 162(2)
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