Roselyn Sisiali Wekesa v Konrad Adenauer Foundation & another [2016] eKLR

Key Facts

Issues

• The second issue addresses the High Court's authority to transfer a case to the Employment and Labour Relations Court under Article 165(5)(b) of the Constitution. The court must determine if transferring the matter back to the Employment Court, where it originated, is permissible and necessary to avoid encroaching on the specialized court's mandate while ensuring the petitioner receives a fair hearing.
• The first issue concerns whether the High Court has jurisdiction to adjudicate employment disputes involving private individuals (like the respondent Konrad Adenauer Foundation) and whether the Bill of Rights applies horizontally to such entities. The second part of this issue examines if the High Court can interpret or enforce constitutional rights in employment matters, given the constitutional provisions reserving certain jurisdictions for specialized courts like the Employment and Labour Relations Court.

Holdings

• The court held that the Bill of Rights applies to all persons, including private entities, and can be enforced horizontally between individuals. This was based on Article 20(1) of the Constitution, which binds all persons and state organs, and supported by precedents like Rose Wangui Mambo vs Limuru Country Club and Satrose Ayuma vs Kenya Railways Staff Retirement Benefits Scheme. The court emphasized that private entities cannot be insulated from constitutional duties to respect and uphold fundamental rights.
• The court determined that the High Court lacks jurisdiction to hear employment disputes and must transfer such matters to the Employment and Labour Relations Court. This was based on Article 165(5)(b) and Article 162(2)(a) of the Constitution, which prohibit the High Court from encroaching on the jurisdiction of specialized courts. The case was transferred back to the Employment and Labour Relations Court for proper adjudication.

Remedies

• The matter is transferred back to the Employment and Labour Relations Court for hearing and determination.
• Costs shall await the determination of the matter in the Employment and Labour Relations Court.

Legal Principles

• The court applied a purposive interpretation of the Constitution to determine that the Bill of Rights applies horizontally to private entities, not just vertically against the state. This approach emphasized the intention of the Constitution's framers to protect individual rights against non-state actors, particularly in employment disputes involving alleged discrimination.
• The court ruled that the Employment and Labour Relations Court has exclusive jurisdiction over employment disputes, including constitutional claims arising from employer-employee relationships, and that the High Court cannot entertain such matters under Article 165(5)(b). The case was transferred back to the specialized court for determination.

Precedent Name

• Satrose Ayuma and 11 Others vs Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme and 3 Others
• Revital Healthcare (EPZ) Ltd and Another vs Ministry of Health and 5 Others
• Judicial Service Commission vs Gladys Boss Shollei and Another
• Prof. Daniel M. Mugendi vs Kenyatta University and Others
• Isaac Ngugi vs Nairobi Hospital and 3 Others
• Mumo Matemu vs Trusted Society of Human Rights Alliance and Others
• Rose Wangui Mambo and 2 Others vs Limuru Country Club
• Anne Wangui Ngugi and Others vs Edward Odundo and Another
• Anarita Karimi Njeru vs Attorney General
• Mwangi Stephen Mureithi vs Daniel Toroitich Arap Moi

Cited Statute

• Constitution of Kenya
• Employment Act
• Employment and Labour Relations Court Act
• Industrial Court Act

Judge Name

Passage Text

• To hold otherwise would result in this Court encroaching on the mandate of the Employment and Labour Relations Court, which it is expressly prohibited by the Constitution from doing.
• The High Court shall not have jurisdiction in respect of matters falling within the jurisdiction of the courts contemplated in Article 162 (2).
• Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to- (a) Employment and labour relations; and (b) The environment and the use and occupation of, and title to, land.