1.This appeal is against the ruling of the Subordinate Court allowing the Respondent’s preliminary objection and striking out the claim on the ground that it was statute barred under section 90 of the Employment Act, 2007. The appeal was canvassed by way of written submissions.
2.What is clear from these submissions is that the parties did not address the issue of jurisdiction of this court to entertain this appeal given that the claim arises from an employer-employee relationship. In this respect I agree with the decision of Mabeya J., in Francis Mutunga Musau v Devki Steel Mills Limited NRB HC Misc. Appl. No. 91 of 2015  eKLR where he observed that:
3.The jurisdiction is predicated on the employer and employee relationship, the High Court lacks authority to entertain this appeal because Article 169(2) of the Constitution as read with section 12(1) of the Employment and Labour Relations Act, 2011, grants the Employment and Labour Relation Court (‘’the ELRC’’) exclusive jurisdiction to hear appeals from courts and tribunals on labour and employment disputes.
4.In addition, the Employment Act, 2007, which was the subject of the decision appealed against, provides as follows in section 87(1):Section 87(2) goes further to buttress the exclusive jurisdiction by stating that, “No other Court other than the Industrial Court shall determine any complaint or suit referred to in subsection (1).’’ Although the Industrial Court was abolished by the coming into force of the Employment and Labour Relations Act, 2011, by virtue of section 7 of the Sixth Schedule of the Constitution, the Employment Act, 2007 being a pre-2010 statute must be read with necessary modifications hence the court referred to is the ELRC.
5.The exclusivity of the jurisdiction of the ELRC vis-à-vis the High Court in relation to disputes between employer and employee was underlined by the Supreme Court in Republic v Karisa Chengo & Others, SCK Petition No. 5 of 2015  eKLR where it held follows:
8.Since this Appeal was filed in a court without jurisdiction, it cannot be saved by transfer to the ELRC. It can only be struck out. The appeal is accordingly struck out with costs to the Respondent.
9.The costs of the appeal are assessed at KES. 15,000.00.