This Court has considered the Petition and Application both dated 12/02/2026 and it is clear that the dispute and the Petitioner's grievances revolve around alleged constitutional and statutory violations regard labour rights and the conduct of union elections.
This is made abundantly clear by the citation and particularization of alleged Article 41 violations in the Petition, as well as the Notice of Motion Application being brought under " Under Rule 17 of the Employment and Labour Relations Court (Procedure) Rules, 2022 and all other enabling provisions of the Law."
Labour rights and labour matters are not within the jurisdiction of the High Court, having been expressly excluded by the Constitution under Article 165(5)(b).
It is therefore fit, just, and proper that the matter be considered summarily and in chambers, with the only possible outcome being a finding, which I do hereby find and hold, that the High Court does not have jurisdiction to hear and determine the Petition herein or the interlocutory processes; and the same ought to be heard and determined by the Employment and Labour Relations Court.
Consequently, the present Petition and its Application, both dated 12/02/2026, be and are hereby struck-out for want of jurisdiction, with no costs.
Orders accordingly. File closed accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY AND IN CHAMBERS ON THIS 18TH DAY OF FEBRUARY 2026.
This is made abundantly clear by the citation and particularization of alleged Article 41 violations in the Petition, as well as the Notice of Motion Application being brought under " Under Rule 17 of the Employment and Labour Relations Court (Procedure) Rules, 2022 and all other enabling provisions of the Law."
Labour rights and labour matters are not within the jurisdiction of the High Court, having been expressly excluded by the Constitution under Article 165(5)(b).
It is therefore fit, just, and proper that the matter be considered summarily and in chambers, with the only possible outcome being a finding, which I do hereby find and hold, that the High Court does not have jurisdiction to hear and determine the Petition herein or the interlocutory processes; and the same ought to be heard and determined by the Employment and Labour Relations Court.
Consequently, the present Petition and its Application, both dated 12/02/2026, be and are hereby struck-out for want of jurisdiction, with no costs.
Orders accordingly. File closed accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY AND IN CHAMBERS ON THIS 18TH DAY OF FEBRUARY 2026.