Reuben Chege Maritha v Devki Steel Mills Limited & another [2020] KEHC 2938 (KLR)
- Court
- High Court of Kenya
- Case number
- 2938
- Citation
- [2020] KEHC 2938 (KLR)
- Decided
- 28 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of a suit by the Appellant against the RespondentsCoramD. O CHEPKWONY
Holding
This court declines jurisdiction to hear the appeal and orders that the case be transferred to the Employment and Labour Relations Court for final determination.
Facts
The Appellant, a crane operator, was injured when a sludge boat fell from a tractor during his employment at the Respondents' premises. He claimed damages for general and special damages, costs, and interest.
Issues
- Jurisdiction of the High Court vs. Employment and Labour Relations Court
- Negligence and breach of employment contract
Reasoning
The court found that the dispute can be properly dealt with by the Employment and Labour Relations Court due to the exclusive jurisdiction of the ELRC under Article 162(2)(a) of the Constitution and Section 12(1) of the Employment and Labour Relations Act, 2011.
Outcome
Transfer of the case to the Employment and Labour Relations Court for final determination
Orders
- Transfer of the case to the Employment and Labour Relations Court
Authorities cited
Legislation (1)
- Employment and Labour Relations Court Act, 2011
Cases cited (2)
- Owners of the Motor Vessel “Lilian S”...Vs... Caltex Oil (Kenya) Limited [1989] KLR 1
- Republic...Vs...Karisa Chengo & Others, Supreme Court Petition No.5 of 2015 [2017]eKLR
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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