Search court decisions

…The singular issue for determination is whether the Court has jurisdiction to grant the orders sought. 19. Jurisdiction they say is everything, and without which, the court must not make one more step.…

…The Supreme Court of Kenya in Application No.2 of 2012; Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR, had this to say on jurisdiction: ‘A Court’s jurisdiction flows from either the…

…The ruling related to objections filed under the provisions of Section 89 of the Employment Act, where the subject suit is time-barred, and thus, the trial court is without jurisdiction to hear the claim.…

…The appeal raises serious questions of law on the application of Section 89 of the Employment Act, that the suit before the trial court is time-barred, and the issue of jurisdiction.…

…This Court upheld the decision of the lower court vide the subject judgment, and also declined jurisdiction. 19.…

…The Practice Directions giving this court, and indeed the lower court jurisdiction to try WIBA matters filed before it were gazetted on 28th April, 2023. 20.…

…The respondent’s case is that the court lacks jurisdiction to entertain the motion herein but admitted the occurrence of the accident.…

…The applicant mainly submitted that the court has jurisdiction to entertain the application while the respondent submitted that the court lacked original jurisdiction over WIBA matters.…

…Examples are an objection to the jurisdiction of the Court or a plea of limitation or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration… It raises a pure point…

…A question of jurisdiction is a pure point of law, and without jurisdiction, a court must down its tools. 16.…

…Does the court then have jurisdiction to extend the time for lodging of an appeal against its judgment?…

…It follows that the court has no jurisdiction to extend the time for filing an appeal against its own decision to the court of Appeal. The Court of Appeal is governed by its own rules.…

…Jurisdiction 11.…

…The Constitution has granted the High Court the requisite jurisdiction to hear and determine those issues and that is where they ought to have been raised … the jurisdiction of those specialized courts to interpret and apply…

…The issue of jurisdiction is apparent to this court because the parties and the trial court did not address it.…

…The court retains original jurisdiction over all employment and labour relations disputes, including trade disputes. The court has original jurisdiction in this case. The trial court proceeded without jurisdiction.…

…The issue for determination is whether this Court has the jurisdiction to hear and determine the petition herein. 9.…

…Jurisdiction is everything. Without it, 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 other evidence.…

…In assigning the magistrates' court jurisdiction to hear employment matters under Legal Notice No. 6024 of 2018, the mandate to listen to employment disputes excludes trade disputes from the trial court.…

…The court retains original jurisdiction over all employment and labour relations disputes, including trade disputes. The court has original jurisdiction in this case. The trial court proceeded without jurisdiction.…

…As to whether the trial Court had jurisdiction, Counsel relied on the Supreme Court decision in Samuel Kamau Macharia & Another V Kenya Commercial Bank & 2 Others [2012] on the source of a Courts jurisdiction to argue that…

…The jurisdiction of this Court to hear and determine this appeal is not contested.…

…Whether the Court has jurisdiction to hear and determine this matter ii. Whether the Applicant/Petitioner is entitled to the reliefs sought. Whether the Court has jurisdiction to hear and determine this matter 21.…

…We thus find that the trial Judge was not at fault in finding that the court lacked jurisdiction for want of the appellant exhausting all available remedies before directly invoking the court’s jurisdiction. 34.…

…At the same time, the Act does not expressly divest this Court of jurisdiction to enforce such awards, and especially where an award of compensation by the Director has not been objected to in accordance with the statute…

…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…

…It was contended that the court lacked jurisdiction to entertain the matter and therefore any action and/or orders and/or judgment entered in the matter is of no effect for want of jurisdiction. 11.…

…Whether objection as to the jurisdiction can be raised at this stage and if so, is the issue of jurisdiction raised by the Appellant merited. 14.…

…It is the Applicants argument that they filed a Preliminary Objection before the Lower Court challenging the jurisdiction of the Court premised on the provisions of Article 234(2)(i) of the Constitution as read with Section…

…The Applicants aver that the Lower Court rendered a verdict wherein, it ruled that it has the jurisdiction to hear the suit before it.…

…Her case is that the court has no jurisdiction to entertain the claim of church governance, which does not fall under the Employment Act.…

…Save for these averments, the respondent has made no written submissions to elaborate on these jurisdictional questions.…

…, there is a real risk of this Honourable Court proceeding without jurisdiction, thereby contravening a long-standing and sacrosanct legal principle to the Applicant's detriment. 2.…

…Consequently, the dispute between the parties does not fall within the jurisdiction of this Court, as there is no employer-employee relationship. h.…

…The Learned Magistrate erred in law and in fact in failing to recognize that she was exercising a special jurisdiction governed by the Employment and Labour Relations Court Act and subsidiary legislations and not the ordinary…

…civil jurisdiction conferred upon the magistrates Courts. ii.…

…Article 165 of the Constitution removes all matters for the court from the High Court's jurisdiction.…

…As established under Article 162(2)(a) of the Constitution, the court has jurisdiction to hear employment and labour relations disputes.…