'1. The Chamber summons dated 3/12/2025 is filed under certificate of urgency. I however find no urgency involved. I decline to certify the matter as urgent.
2. The application seeks leave of this court to apply for judicial review orders in the nature of mandamus to compel the Chief Executive officer of the National Police Service Commission to pay to the applicant the sum of Kshs 5,150,283 being decretal sum plus costs assessed in Milimani Chief Magistrates''s Court ELRC Cause No. E1905 of 2023, Munyoki Maimbo Munyoki v The National Police Service Commission.
He also prays for costs of the application.
3. I have perused the application and teh grounds in support as contained in the statutory statement and annextures. I observe that the primary decree and proceedings emanate from the Magistrate''s Court exercising jurisdiction in Employment and Labour Relations matters. That being the case, Mandamus can only be sought and obtained, or be granted by the Employment and Labour Relations Court, a Court of equal status with the High Court as contemplated under Article 162(2)(a) of the Constitution and established under section 4 of The Employment and Labour Relations Court Act, Cap 8E of the Laws of Kenya .
4. Jurisdiction of the Employment and Labour Relations Act is provided for under Section 12 of the Act.
On enforcement of the Court''s orders, section 13 of the Act provides that:
" 13. Enforcement of court orders
A judgement, award, order or decree of the Court shall be enforceable in accordance with the rules made under the Civil Procedure Act (Cap. 21)"
5. That being the case, and in view of teh express prohibition of Article 165(5) (b) of the Constitution barring this Court from entertaining disputes that are exclusively reserved for the specialised Superior courts contemplated in Article 162(2) of the Constitution, i find the application herein which seeks to confer on this court jurisdiction reserved for the Employment and Labour Relations Court to be incompetently filed.
6.Jurisdiction cannot be conferred by parties. Only the Constitution and statutes confer jurisdiction on courts and where jurisdiction is, as is in the case herein, expressly ousted by the Constitutional command of prohibition, this Court cannot arrogate itself of jurisdiction that it does not have. moreover, it is now over 15 years since the 2010 Constitution was promulgated and the ELRC Established and fully operationalised hence, a party who is represented by an advocate cannot feign ignorance of which court is clothed with jurisdiction to issue mandamus orders in furtherance of a decree against the government or government agency in employment and labour relations matters.
7.Accordingly, for want of jurisdiction, the chamber summons dated 3/12/2025 is hereby struck out with no orders as to costs.
8. This file is closed.
R.E.ABURILI
JUDGE
5/12/2025'
2. The application seeks leave of this court to apply for judicial review orders in the nature of mandamus to compel the Chief Executive officer of the National Police Service Commission to pay to the applicant the sum of Kshs 5,150,283 being decretal sum plus costs assessed in Milimani Chief Magistrates''s Court ELRC Cause No. E1905 of 2023, Munyoki Maimbo Munyoki v The National Police Service Commission.
He also prays for costs of the application.
3. I have perused the application and teh grounds in support as contained in the statutory statement and annextures. I observe that the primary decree and proceedings emanate from the Magistrate''s Court exercising jurisdiction in Employment and Labour Relations matters. That being the case, Mandamus can only be sought and obtained, or be granted by the Employment and Labour Relations Court, a Court of equal status with the High Court as contemplated under Article 162(2)(a) of the Constitution and established under section 4 of The Employment and Labour Relations Court Act, Cap 8E of the Laws of Kenya .
4. Jurisdiction of the Employment and Labour Relations Act is provided for under Section 12 of the Act.
On enforcement of the Court''s orders, section 13 of the Act provides that:
" 13. Enforcement of court orders
A judgement, award, order or decree of the Court shall be enforceable in accordance with the rules made under the Civil Procedure Act (Cap. 21)"
5. That being the case, and in view of teh express prohibition of Article 165(5) (b) of the Constitution barring this Court from entertaining disputes that are exclusively reserved for the specialised Superior courts contemplated in Article 162(2) of the Constitution, i find the application herein which seeks to confer on this court jurisdiction reserved for the Employment and Labour Relations Court to be incompetently filed.
6.Jurisdiction cannot be conferred by parties. Only the Constitution and statutes confer jurisdiction on courts and where jurisdiction is, as is in the case herein, expressly ousted by the Constitutional command of prohibition, this Court cannot arrogate itself of jurisdiction that it does not have. moreover, it is now over 15 years since the 2010 Constitution was promulgated and the ELRC Established and fully operationalised hence, a party who is represented by an advocate cannot feign ignorance of which court is clothed with jurisdiction to issue mandamus orders in furtherance of a decree against the government or government agency in employment and labour relations matters.
7.Accordingly, for want of jurisdiction, the chamber summons dated 3/12/2025 is hereby struck out with no orders as to costs.
8. This file is closed.
R.E.ABURILI
JUDGE
5/12/2025'