KHAEMBA PATRICK WANYONYI v TEACHERS SERVICE COMMISSION [2013] KEHC 6083 (KLR)
- Court
- High Court of Kenya
- Case number
- 6083
- Citation
- [2013] KEHC 6083 (KLR)
- Decided
- 11 April 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the High Court's decision to transfer the case to the Industrial CourtCoramF. GIKONYO
Holding
The High Court does not have jurisdiction to hear the case, and the Industrial Court has jurisdiction to hear and determine the matter
Facts
The Plaintiff, Khaemba Patrick Wanyonyi, was an employee of the Defendant, Teachers Service Commission. In April 2011, he was subjected to a disciplinary process but the results were quashed by the High Court.
Issues
- Whether the High Court has jurisdiction to hear the case
- Whether the Industrial Court has jurisdiction to hear the case
Reasoning
The court ruled that the Industrial Court has jurisdiction to hear the case due to the transitional mechanism provided in the Constitution and the Industrial Court Act, and the fact that the Industrial Court is fully operational.
Outcome
The case was transferred to the Industrial Court
Orders
- The case was transferred to the Industrial Court sitting in Bungoma County
Authorities cited
Legislation (2)
- Industrial Court Act
- Constitution of Kenya, 2010
Cases cited (6)
- OWNERS OF MOTOR VESSEL 'LILLIAN S' v CALTEX OIL (K) LTD [1989] KLR 1
- Kipkursi Lagat v. Police Commissioner & Another [2012] e KLR
- Brookside Dairy Ltd v AG & another [2012] e KLR
- Chars Karisa Thoya v R [2011] e KLR
- Orengo v Moi [2008] 1 KLR (ep)
- Rodgers Ondieki Nyakundi v R [2012] e KLR
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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