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…against Oliver Jesse Otieno and DT SACCO Society Ltd in which it sought refund of Kshs. 409,359.44. the suit was filed herein in respect of Oliver Jesse Otieno the 1st Respondent, whose gross salary was above the pecuniary jurisdiction…

…of the subordinate courts unlike the claims against the other former employees of the Appellant whose claims were within the pecuniary jurisdiction on the Magistrates’ courts. 11.…

…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…

…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…

…By dint of the salary earned by the deceased, the court lacks jurisdiction to entertain the action herein in the first instance.…

…The court has original jurisdiction under Article 162(2) of the Constitution to hear and determine all employment and labour relations claims.…

…It is not clear under which provision of the law this court's jurisdiction is invoked, whether it is under Kenya Law Reform Act or under the Constitution of Kenya 2010 thus going against the provisions of Section 8 and 9…

…They are incapable of being handled as Preliminary Objections because of the limited scope of the jurisdiction on preliminary objection.…

…On 15 April 2024, the Respondent filed a Notice of Preliminary Objection contending: (i) THAT this Honourable Court lacks jurisdiction to hear and determine this matter in view of the doctrine of exhaustion of internal dispute…

…(iv) THAT this Honourable Court lacks jurisdiction to hear and determine this matter pursuant to Section 74 of the Public Service Commission Act Cap.185 and Regulation 68(1) of the Public Service Commission Regulations, 2020…

…This Honourable Court has unlimited original and appellate Jurisdiction in disputes relating to employment and labour relations pursuant to article 162(2)(a) of the Constitution, the Honourable Court has inherent jurisdiction…

…This Court has no jurisdiction to consider issues of liability, as the Director determined them. The Respondent is deliberately misleading the Court.…

…Principal Magistrate’s Court at Kaloleni, Kilifi County, to the Chief Magistrate’s Court at Makindu, Makueni County. 2 The application is anchored on the prime ground that the cause of action arose in Emali Town within the jurisdiction…

…The Respondent argues that for this reason, this Court lacks jurisdiction to entertain this application as the motion introduces new issues likely to alter the decree of this Court. 8.…

…Court issued vide the judgment of 16th March, 2023, is in my view a matter relating to execution and/or satisfaction of the decree, which by dint of Section 34 of the Civil Procedure Act, is a matter that lies within the jurisdiction…

…The suit has no cause of action, and no dispute is demonstrated in an employer-employee relationship to justify invoking the court jurisdiction. The application and suit should be dismissed with costs.…

…The respondent's submissions that the court's jurisdiction is not properly invoked stand correct. The parties' history is based on employment.…

…That the Honourable Magistrate erred in law in holding that since an appeal had been filed by the Appellant herein against the judgment of 24th August 2022, the court no longer had jurisdiction to consider the question of…

…On jurisdiction, the Appellant submits that in the absence of an appeal the court had jurisdiction to entertain the application on the strength of Section 80 of the Civil Procedure Act, that allows for review in the absence…

…The respondent filed a preliminary objection contending that a similar application was before the trial court which declined the same on grounds that it lacked jurisdiction to grant the same.…

…The trial court declined to grant leave to appeal out of time on grounds that it does not have jurisdiction to do so.…

…That this court lacks jurisdiction to hear and determine the application in view of Rule 21(1) and (2) of the Employment and Labour Relations Court (Procedure) Rules, 2024.…

…It is submitted that on the basis of the provisions cited, this court has jurisdiction to hear and determine the instant application. that the preliminary objection should therefore be dismissed with costs. 23.…

…The applicant did not direct the mind of this Court to any express statutory provision clothing it with the jurisdiction to enlarge time for purposes of filing a Record of Appeal in the Court of Appeal. 12.…

…In any case, even if this Court had jurisdiction it would not have exercised it in favour of the applicant because she did not disclose the date when she found out that her advocate had not filed the Record of Appeal.…

…It is Counsel’s further submission that the Court of Appeal decision did not oust this Court’s jurisdiction to superintend inferior Courts and tribunals.…

…The issue then is whether this decision by the Court of Appeal bars this Court from staying a process begun pursuant to the said judgment in exercise of this same residual jurisdiction. 25.…

…The judicial review application is a non-starter and ill-advised, as the Orders and prayers sought cannot issue for want of jurisdiction.…

…The court is devoid of jurisdiction for reasons that the judicial review application is in violation of article 234(2) (i) of the Constitution, section 77 of the County Government Act and Section 87(2) of the Public Service…

…The ELRC does not have jurisdiction and determine disputes relating to exercise of disciplinary control of public officers in the first instance, as it is not the Court of first call.…

…The appellate jurisdiction of the Public Service Commission is anchored in Article 234(2)(i) of the Constitution. 15.…

…My reading of section 52 (2) herein is that this court’s jurisdiction is lodged as an appeal on an award of the director and not on an objection itself. 50.…

…The applicants have chosen to invoke this court’s jurisdiction on this miscellaneous application to object to the award of the director and not an appeal; it is my finding that this court’s jurisdiction can only be invoked…

…The Taxing Officer, in the circumstances fell into an error of both fact and jurisdictional law in allowing or taxing for services related to and leading to the delivery of the judgment, when costs had not been awarded.…

…The Taxing Officer had no jurisdiction to tax costs not awarded. 16. The error was such that the Court is of the view that the taxation was void ab initio and must be set aside. Conclusion and Orders 17.…

…At the same time, the Act does not expressly divest this Court of jurisdiction to enforce such awards; and especially where the award of compensation by the Director has not been objected to and the employer has refused to…

…Pursuant to Article 162(2) (a) of the Constitution of Kenya 2010, this Court has inherent jurisdiction over all employment and labour relations matters, where such jurisdiction has not been expressly ousted by the statute…