Upon perusing the application dated 22nd October 2024,and without getting into the merits of the Application ,Iam of the view that the court with competent jurisdiction to determine this suit is the Employment and Labour Relations Court as created under Article 162(2) (a) of the Constitution of Kenya, 2010 provides as follows: -
Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to employment and labour relations court.
The jurisdiction of the Employment and Labour Relations Court is as provided for under Section 12 (1)(a) of The Employment and Labour Relations Court Act which provides that, “The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including -disputes relating to or arising out of employment between an employer and an employee;”
Order:
1. This suit is in the circumstances hereby transferred to the Employment and labour relations court (ELRC) for hearing and determination.
2. The Application shall be placed before the Principal Judge, Employment and labour relations court (ELRC) forthwith for further directions.