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Zhongmei Engineering Group Limited v Obiero (Civil Appeal E095 of 2021) [2023] KEHC 1843 (KLR) (9 March 2023) (Ruling)
Neutral citation:
[2023] KEHC 1843 (KLR)
Republic of Kenya
Civil Appeal E095 of 2021
WA Okwany, J
March 9, 2023
Between
Zhongmei Engineering Group Limited
Appellant
and
James Matoke Obiero
Respondent
(Being an Appeal against the Ruling of Hon. M. C. Nyigei – SRM Nyamira dated and delivered at Nyamira on the 1st day of December 2021 in the original Nyamira Chief Magistrate’s Court Civil Case No. 18 of 2017)
Ruling
1.This appeal was first placed before me for determination on October 5, 2022.
2.However, upon perusing the record of appeal and the submissions by counsel, I note that the matter revolves around the contract of employment and labour relations.
3.At paragraphs 3 and 4 of the plaint filed before the lower court, the plaintiff/respondent herein stated that he was at all material times to the suit an employee of the appellant.
4.I find that this court lacks the jurisdiction to entertain the appeal, which I hereby direct should be transferred to the Employment and Labour Relations Court in Kisumu for hearing and determination. I am guided by the decision in Civil Appeal No 28 of 2020 Magot Freight Services Ltd & another v Samson Mwakenda Mangale.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 9TH DAY OF MARCH, 2023.W. A. OKWANYJUDGE
