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Apex Steel Limited v Alexander Mabiria Moguche [2020] KEHC 6472 (KLR)

[2020] KEHC 6472 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6472
Citation
[2020] KEHC 6472 (KLR)
Decided
5 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Employment and Labour Relations CourtCoramD. K. Kemei
Holding

The court has no jurisdiction to entertain the appeal and the matter is transferred to the Employment and Labour Relations Court

Facts

The appeal was in respect of a work injury claim, but the court found it lacked jurisdiction.

Issues

  1. Whether the court has jurisdiction to determine the appeal
  2. Whether the Employment and Labour Relations Court Act No. 20 of 2011 and the Employment Act No. 11 of 2007 provide for the jurisdiction of the court

Reasoning

The court ruled that the appeal was filed in a court that lacked jurisdiction to hear and determine the suit, and that appeals in relation to work injuries are handled by the Employment and Labour Relations Court.

Outcome

Appeal dismissed, matter transferred to Employment and Labour Relations Court

Orders

  • The matter is transferred to the Employment and Labour Relations Court for hearing and determination

Authorities cited

Legislation (2)
  • Employment & Labour Relations Court Act No. 20 of 2011
  • Employment Act No. 11 of 2007
Cases cited (1)
  • OWNERS OF MOTOR VESSEL “LILIAN S” v CALTEX OIL (K) LTD [1989] KLR 1
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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