Search court decisions

…The respondents also assert that the court lacks jurisdiction to hear the matter under Order 22 Rule 38 of the Civil Procedure Rules.…

…The attempt to invoke these provisions to argue that the court has no jurisdiction is unnecessary and irrelevant, as it has no bearing on these proceedings.…

…When served, the Respondent filed a Notice of Preliminary Objection on 9 July 2024, contending that: (i) Pursuant to Gazette Notice No 6024 of 22nd June 2018, Magistrates of the rank of Senior Resident Magistrate have jurisdiction…

…As such, the case filed herein falls within the jurisdiction of the Special Magistrates designated to hear and determine employment disputes within their respective areas of jurisdiction with reference to Gazette Notice No…

…Subsequently, the parties addressed the Court on the issue of jurisdiction. After hearing them, the Court held that it was without jurisdiction, as it was functus officio.…

…It is the one now seized of jurisdiction.…

…The Respondent objected to the jurisdiction of the Court to deal with the claim which it states is related to work injury claims.…

…Therefore, I agree with Rika J in Saidi Muhamed v Diamond Industries Limited [2018] e-KLR where he held that this Court enjoys only appellate jurisdiction over WIBA compensation claims and not primary jurisdiction.…

…The suit is devoid of legal substratum upon which the court can exercise Jurisdiction. The suit is fatally defective, incompetent and unsustainable in law.…

…Respondent’s submissions As to whether the court had jurisdiction to hear and determine the instant suit, counsel for the respondent submitted the court had no jurisdiction at this stage because the Claimant had not exhausted…

…Jurisdiction 8. The Respondent challenged the jurisdiction of this Court to enforce an award by the Director of Occupational Safety and Health. 9.…

…with the jurisdiction. 12.…

…The jurisdiction of the court on WIBA matters is as stated under section 52 of Work Benefits Act, 2007. Section 51 provides for objection to decision or award of the DOSH as follows:- ‘’51.…

…The court holds that the jurisdiction to deal with any grievance on the award /decision by the Director of Occupational Safety and Health can only be invoked under section 52(2) of WIBA.…

…by the High Court on the question of jurisdiction. 9.…

…The jurisdiction of this Court is spelt out primarily in Article 162(1) of the Constitution and section 12 of the Employment and Labour Relations Court Act (there are other statutes clothing the Court with jurisdiction).…

…Section 12(1) of the ELRC Act, provides for the jurisdiction of the Court as follows: - “(1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance…

…The foregoing provisions, do no place a pension dispute within the jurisdiction of this Court.…

…The Learned Trial Magistrate erred in failing to take judicial notice that the court lacked jurisdiction to hear and determine the claim this being a work injury claim. iii.…

…It is his submission that the assertion that the Trial Court did not have jurisdiction to determine the matter is unfounded. 16.…

…This Honourable Court lacks jurisdiction ab initio to in the first instance adjudicate the instant claim as; 1.1.…

…The Court finds that the Petitioners invoked its jurisdiction prematurely. 17. Before concluding, the Court notes that the delivery of this Ruling has been brought forward with notice to the parties.…

…For these reasons, the court lacks the jurisdiction to continue with the process of execution in the manner herein sought by the claimants.…

…The state has seized the matters, and unless the claimants sue the Attorney General, this court has no jurisdiction to proceed with any execution process.…

…The circumstances described in the plaint as giving rise to the cause of action therein do not emanate from an employment or labour relations dispute and therefore does not fall within the jurisdiction of this court.…

…I thus find that that the application was filed in the wrong court and that this court has no jurisdiction to hear the same.…

…The Claimant opposed the application through a replying affidavit filed on 6 September 2023, on the primary ground that before the Gazette Notice No. 6024 of 22 June 2018 was issued, Subordinate Courts did not have jurisdiction…

…When the Cause was filed in 2014, Subordinate Courts did not have jurisdiction over employment disputes. The jurisdiction was only extended through the Gazette Notice of 22 June 2018. 10.…

…Upon service of the application, the Respondent filed a Notice of Preliminary Objection on 9 July 2024, contending: (i) THAT this Honourable Court lacks jurisdiction to hear and determine the application herein.…

…KEELRC 383 (KLR); Joash Shisia Cheto v Thepot Patrick Charles (2022) KEELRC 478 (KLR; Omollo v Securex Agencies (K) Limited (2024) KEELRC 2540 (KLR) and Luvinzu v Timsales Limited (2024) KEELRC 857 (KLR) and find that it had jurisdiction…

…The court lacks jurisdiction over the matter as there is no employment relationship.…

…On the court's jurisdiction to enforce the Director's award, the court has original jurisdiction to hear work injury claims and not the lower courts.…

…stated thus: “without jurisdiction a Court has no power to make one more step, where a Court has no jurisdiction there would be no basis for a continuation of proceedings pending before it.…

…A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.” 20.…

…This court does not possess jurisdiction to hear this application. 13.…

…The respondent contends that this court lacks pecuniary jurisdiction to entertain and dispose of the present application, as it should have been filed before the Magistrate’s Court.…

…Whether this Court has jurisdiction to determine the motion and the claim 21.…

…On the issue of jurisdiction, the Respondents submitted that this Court lacks jurisdiction to entertain this suit, on the premise that there are available alternative dispute resolution mechanisms that the Applicant/Claimant…