Case law
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Division and case type: CriminalCriminal Appeal
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…alone cannot extinguish the original jurisdiction of this court as contemplated by the Constitution and hence this court has jurisdiction to hear and determine this suit. 5.…
…This delegation of jurisdiction has since been provided for under the Magistrates’ Act, which provision limits the Magistrates pecuniary jurisdiction in employment matters to Kshs.80,000/=. 10.…
Division and case type: Employment and Labour Relations CourtAppeals
…Whether this Honourable Court has jurisdiction to transfer a case filed in a court without jurisdiction to one of competent jurisdiction. 8.…
…It is settled that parties cannot, even by their consent confer jurisdiction on a court where no such jurisdiction exists.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…It is the Respondent’s submission that this Court lacks the jurisdiction to determine the Claim before it, and jurisdiction being everything per Nyarangi J in Owners of the Motor Vessel "Lillian S" versus Caltex Oil (Kenya…
…The three are different and autonomous Courts and exercise different and distinct jurisdictions.…
Division and case type: Employment and Labour Relations CourtAppeals
…succeeds on the issue of jurisdiction. b.…
…of the case by the Court with jurisdiction.’’…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…One issue fall for determination:- i) Whether this Court has jurisdiction to transfer a suit filed in a Magistrates Court without pecuniary jurisdiction to a Court with pecuniary jurisdiction for hearing and determination…
…to a court with jurisdiction and therefore sanctify an incompetent suit.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant took the position that the Court had jurisdiction because Articles 1 and 13 of the employment contract were vague on the question of jurisdictional forum and the Articles could not therefore oust the jurisdiction…
…Respondent had an office within the jurisdiction of this Court. 12.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Jurisdiction of the Court (1) The Court shall have exclusive original and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of…
…The defence was that there was no employee-employer relations and consequently the court lacked jurisdiction. 5.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…to entertain this Claim and same ought to be struck out with cost for want of jurisdiction. 2.…
…It is not in doubt that the Gazette Notice delegated certain jurisdictions of this Court to the Magistrates of the rank Senior Resident Magistrate and above. 7.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…(ii) THAT clause 22.4 of the contract of employment dated 20th January 2023 expressly provides for the choice of law being English law and that parties submit to the exclusive jurisdiction of the English Courts. 3.…
…flows from the Constitution or law and where a Court finds it has no jurisdiction, it must down its tools. 9.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The Claimant states that Gazette Notice No. 6024 of 2018 that extending jurisdiction in employment matters to the Magistrates Courts does not oust the jurisdiction of this court. 6.…
…Thus, a Court of law can only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law.…
Division and case type: Employment and Labour Relations CourtPetitions
…The jurisdiction has been given to the Public Service Commission. 14.…
…This Court, therefore, declines to assume jurisdiction despite the apparent egregious legal violations by the Respondents. Orders 17.…
Division and case type: Employment and Labour Relations CourtAppeals
…The respondent submitted that jurisdiction is primordial in every suit. Any suit filed devoid of jurisdiction cannot be remedied.…
…To move the court as herein done is without jurisdiction and the claim was correctly dismissed by the trial court for lack of jurisdiction. This appeal should also be dismissed with costs.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant further contended that the Respondent had conflated the questions of jurisdiction (forum) and choice of law.…
…One of the principles is whether the Court or forum will apply its laws or the laws of another interested jurisdiction. In other words, choice of law and forum jurisdiction. 12.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Court held: 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.…
…The Court herein held it had no jurisdiction, but went ahead to determine the substantive merits of the dispute before it. 13.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…This court lacks jurisdiction to transfer a suit which had been filed in a court without jurisdiction to a county with jurisdiction. 22.…
…jurisdiction. 28.…
Division and case type: Employment and Labour Relations CourtAppeals
…The Appellants equally filed a Notice of Preliminary Objection evenly dated impugning the Court’s jurisdiction on account of the exhaustion principle. 3.…
…The Learned Trial Magistrate erred in law and fact in finding that it had Jurisdiction to hear and determine the claim herein, when the contrary was true. ii.…
Division and case type: Employment and Labour Relations CourtAppeals
…By finding that the Court was functus officio with regard to the issue of jurisdiction for work injury related matters, despite the Practice Directions given asserting the trial Court’s jurisdiction. 2.…
…The first appellate court has jurisdiction to reverse or affirm the findings of the trial court.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The suit has been instituted adequately on territorial jurisdiction before a court vested with competent territorial jurisdiction to hear and determine the matter. 9.…
…The court retains original jurisdiction over all employment and labour relations disputes, including trade disputes. The court has original jurisdiction in this case.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Hence, the court lacked jurisdiction to hear the matter. He appealed to the Court of Appeal, which also dismissed the appeal.…
…(ii) The ELRC had no jurisdiction to entertain the respondent's counterclaim or make any finding thereon.…