Superior Homes (Kenya) Ltd v Musango Kithome [2020] KEHC 1427 (KLR)
- Court
- High Court of Kenya
- Case number
- 1427
- Citation
- [2020] KEHC 1427 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the ruling of the Honorable I.M. Kahuya (SRM) delivered on 22.6.2017 in CMCC No 514 of 2016 at MachakosCoramD. K. Kemei
Holding
The Employment and Labour Relations Court does have appellate jurisdiction to entertain the particular appeal. The matter is hereby transferred to the Employment and Labor Relations Court for determination.
Facts
The appeal is in respect of a dispute related to a work injury claim. There have been considerable developments with regard to the law that governs such disputes.
Issues
- Whether the court has jurisdiction to determine the appeal.
- Whether the Employment and Labour Relations Court has appellate jurisdiction to entertain the appeal.
Reasoning
The court lacks jurisdiction to hear the appeal due to the developments in the law governing work injury disputes. The Employment and Labour Relations Court has appellate jurisdiction to handle the appeal.
Outcome
Appeal dismissed, matter transferred to Employment and Labour Relations Court.
Orders
- The matter is hereby transferred to the Employment and Labor Relations Court for determination.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act No. 20 of 2011
- Work Injury Benefits Act No. 13 of 2007
- Employment Act No. 11 of 2007
Cases cited (4)
- Juma Nyamawi Ndungo & 5 others v Attorney General; Mombasa Law Society (Interested Party) [2019] eKLR
- A v The Governor of Arbour Hill Prison [2006] IESC 45, [2006] 4 IR 88
- Sias Moise v. Transitional Local Council of Greater Germiston, Case CCT 54/00
- Keshavan Madhava Menon v. The State of Bombay [1951] INSC
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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