How old is eunice nthenya
March 30, Musyoka , E. International Journal of Linguistics, Literature and Translation , 4 3 , — Downloads Download data is not yet available.
Make a Submission Make a Submission. Article Template. The employment and labour relations court does have appellate jurisdiction. As jurisdiction is lacking, the obvious result will be to dismiss the appeal. However, the justice of the case demands that the matter be transferred to the relevant court for determination. In the result the appeal herein is hereby transferred to the Employment and Labor Relations Court for final determination.
It is so ordered. Dated and delivered at Machakos this 26 th day of January, Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions.
Blog Forum. Case Search. Help Advanced search Help. Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e. To find a case according to its meta data names of parties, case number, and date of delivery, case year etc one need not fill in all the fields. You may use any one or more search criteria; search using whatever information you have.. Civil Appeal of Please Wait.
Odera PM History County: Machakos Disclaimer: The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information. Odera delivered on 3.
The appeal was canvassed vide submissions. However, in light of my reasoning below, I deem it unnecessary to consider them.
Having looked at the memorandum of appeal and the record of the trial court, I find it necessary to examine the issue of jurisdiction and therefore as a consequence the issue for determination is whether the court has jurisdiction to determine the appeal. According to the memorandum of appeal and record of appeal, it is clear that the appeal is in respect of a dispute related to a work injury claim and there have been considerable developments with regard to the law that governs such disputes that shall guide me in this ruling.
Jurisdiction is everything without which a court of law has no power to make one more step where a court of law has no jurisdiction there would be no basis for a continuation of proceedings pending other evidence. A Court of law downs its tools in respect of the matter the moment it holds the opinion that it is without jurisdiction. The court issued inter alia a declaration that Sections 10, 16, 23, 26 and 53 2 d and 2 e and the entire part IV and V areultra viresthe Constitution of Kenya and are null and void to the extent that they place judicial authority in an entity that is not part of the judiciary as well as A declaration that the provisions of theEmployment and Labour Relations Act No.
The Employment Act No. Complaint and jurisdiction in cases of dispute between employers and employees. The consequence thereof is that appeals in relation to work injuries are handled by the Employment and Labour Relations Court. It is patently clear from the interpretations of this case that I find that this court had no jurisdiction to entertain the appeal in the first place.
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