This matter arises from judgment in ELRC E058/2022 Nicholas Karimi Muna vs John Mark Wambugu & 4 others. Costs were awarded to the exparte applicant and now he seeks leave of this court to apply for Judicial Review orders of mandamus to compel the judgment debtor 3rd Respondent to settle.
The Employment, Labour and Relations Court has equal status with this court. However, their respective jurisdictions are distinct and vested by the Constitution and respective Acts of Parliament.
This court is expressly barred by Article 165(5) (b) of the Constitution from hearing and determining disputes which are reserved for Employment and Labour Relations Court and Environment and Land Court as stipulated in Article 162(2) (a) & (b) of the Constitution.
The jurisdiction of Employment and Labour Relations Court is conferred by various statutes including the Employment and Labour Relations Court Act which at Section (1) and (7) makes it clear that the court has jurisdiction to be grant orders including prerogative orders. Judicial Review is a prerogative order.
It follows that the jurisdiction of Employment and Labour Relations Court in Judicial Review matters is not shared with this court. It is distinct and there is no eclectic claim here with shared jurisdiction.
For the above reasons, and for want of jurisdiction, I down my tools as the High Court and decline to entertain this matter.
I shall not strike it though. I hereby direct that this matter be and is hereby transferred to Employment and Labour Relations Court, Judicial Review Division, Nairobi, for further directions, hearing and determination.
This file is therefore closed from this end. I so order.