THE FEMINISM TRICK !

Every man irrespective of who they are must read the book by a German writer Esther Villar In her book “The Manipulated Man”

This book has caused outrage and hostile criticism from women, it explains how women since the earliest times have manipulated men and turned them into their slaves, they have pretended to be the oppressed sex while in the real sense they are the oppressors.

She explains how a woman manipulates a man skillfully by steps like courtship and finally marriage , hence the saying “ a man chases a woman until SHE catches him” .

In her book she explains how the man is tricked to care for the woman all his life and her offspring.

He rolls the stone like Sisyphus and in turn gets rewarded by a few minutes of sexual pleasure.

We can, by observing Esther Villars assertions that a man is a slave of his desires and the woman uses and has used it for thousands of years as a stick and carrot to keep the man chasing vanity and commit his life to serving her.

She goes ahead to explain the rivalry of women , how each woman feels the powerful urge and need to own a male for herself.

Like a slave owner she detests any move the man would make to offer his services to another woman. She uses all means to keep the man to herself and her offspring alone.

Esther Villar’s sentiments are captured by Nigerian Poet, critic and writer, Chinweizu Ibekwe in his book, “The Anatomy of Female Power” (AFP) and Will Farrel’s, “The Predatory Female”.

They all push the theory that all societies are matriarchal and not patriarchal as we are pushed and forced to believe. Matriarchy has ruled not through brawn but wits and tricks; women feigning weakness to be protected etc. Thus the male becomes the most exploited sex in human history, (in wars the man is always ready to die for the woman; he has been trained to do that).

Chinweizu calls the idea of dating and courtship , training , like that of a horse. It is during this time that a woman having kept the man on a leash by denying him sex and getting him addicted to her by false charms, trains and breaks him to whatever she wants him to become.

The marriage celebration becomes a celebration for the woman and her friends, and they all congratulate her for having succeeded in getting herself a slave .

A man on that wedding day waves goodbye to his independence and his coalition of males and commits himself to a Sisyphean life, rolling the stone, an act he cannot abandon having society and the government checking on him and always ready to jail , shame or exile him for absconding his duties of slavery.

Thus the government and society helps the woman in keeping her slave(man) in check.

Chinweizu gives a narration of how women are trained by older matriarchs to tame men. He explains how a man is trained to rely on women by his own mother.

A man is shamed for cooking for himself and other domestic chores by his own mother who is an agent of the global matriarchal rule.

By getting the man to hate domestic works and having it enforced by culture which warns men against going into the kitchen, doing laundry etc.

The mother trains his son for the woman who will captivate him and when the time comes she takes hold of the man’s stomach and by getting the man addicted to her body she holds him by the two, in bed and in the kitchen .

With those two weapons she manipulates the man and turns him into her plaything.

In the “Myth of the Male Power”, Esther Villar’s “A Man’s Right to the Other Woman”; “The Polygamous Sex”, the authors of those books challenge the narrative that men oppress women, and by detailed research across African, Western and Eastern both in ancient and modern societies, the authors unravel the hidden power of the ruthless matriarchal power that rules the world.

Also Helen E. Fisher did anthropological research of ancient human societies and wrote the book “The Sex Contract, The evolution of human behaviour” 1982. She too came to the conclusion that Marriage is a selfish creation of a Woman, where she uses sex to manipulate a man to take care of her and her offspring. Other male animals do not carry the same burden and responsibility.

Presidents , Emperors and Kings are all puppets of the matriarchy forces that rule the World by pulling the strings from behind the curtains

A noble piece which is a must read for every Man under the globe…

Overview of nihilism, stoicism, existentialism, and Christianity

Here’s a simplified :

Nihilism: This philosophy suggests that life has no inherent meaning or value. Nihilists believe that there are no moral truths, and nothing we do matters in the grand scheme of things. It’s often seen as a pessimistic viewpoint that rejects traditional beliefs in morality, purpose, or religious faith.

Stoicism: Stoicism is an ancient philosophy that teaches the development of self-control and fortitude as a means to overcome destructive emotions. The goal is not to eliminate emotions but to transform them through rational understanding. Stoics strive to maintain a will that is in harmony with the universe, accepting whatever happens.

Existentialism: Existentialism focuses on individual freedom, choice, and existence. It emphasizes that individuals are responsible for giving their own lives meaning through their choices and actions, despite living in an indifferent or absurd universe. Existentialists believe that a person can define their own purpose in life, and they stress the importance of personal authenticity.

Christianity: Christianity is a monotheistic religion based on the life and teachings of Jesus Christ. It emphasizes faith in God and the redemption of humanity through Jesus’s death and resurrection. Christians believe in a purposeful universe created by a loving God, with an inherent moral framework and an eternal life for believers.

Each of these philosophies or beliefs provides a different way of understanding the world and our place in it.

The Tort of Malicious Prosecution

Firstly, the Tort of Malicious Prosecution is an intentional Tort that provides redress to a plaintiff, for losses incurred following unsuccessful and Malicious proceedings which are initiated without any lawful reasonable or probable cause.

There are 4 elements of the Tort of Malicious Prosecution:

a) That a Prosecution was instituted by the defendant or by someone for whose acts he is responsible – it must be the defendant who goes to make a complain to the police or he must cause someone to initiate the process.
b) That the prosecution terminated in the Plaintiff’s favour. In other words the plaintiff must win the case brought against him by the default.
c) That the prosecution was instituted without reasonable and/or probable cause. This test is an objective test. The material within the knowledge of the prosecutor at the time he instituted the prosecution, must be such as to be capable of satisfying an ordinary, reasonable,prudent and cautious man to the extent of believing that the accused is probably guilty.
d) That the prosecution was actuated by malice.(Most important). The question the court asks is whether it can be seen, on a balance of probabilities, that the case was being used for some other skewed reason other than the ordinary pursuit of bringing the offender to justice.
Therefore, one must prove the above four elements to succeed in a claim for the Tort of Malicious Prosecution- Silvia Kambura v George Kathurima Japhet [2021]eKLR.
Most importantly, the applicability of the Tort is now extending to cover the domain of Malicious civil proceedings. Traditionally, the Tort was only available to Plaintiff’s against whom Malicious criminal proceedings had been instituted.

PRESIDENT RUTO ; A POLITICAL FOX OR HYENA ?.

Kenya’s President Dr William Ruto or popularly known as Hustler 01 ,has turned out to find that governance isn’t a political popularity contest evidenced by his government actions since he got sworn into power.

President Ruto ,got elected for one major reason;REPRESENTED THE ORDINARY KENYAN ,one without connections ,one working his or her way up the social ladder .Majority of us ,saw ourselves through him ,as at one point or the other ,our backgrounds were used to deny us opportunities or access to certain services or circles .

President Ruto’s government policies have changed nothing for majority of the ordinary Kenyans ,who overwhelmingly voted for him .In fact ,he is continuing with most of the policies of his predecessor come foe President Uhuru .

We need to ask ourselves ,some really hard and soul searching questions ,is President Ruto ,a political fox or hyena ?.

President Ruto ,is a political fox ,no doubt about that ,the guy has survived the murky waters of Kenyan politics for a long time ,infact ,his a career politician from university .He survived the International Criminal Court ,indictment on crimes against humanity ,then rose to the second highest seat in the country .

President Ruto,is an experienced political fox ,the guy somehow for saw ,the coming political betrayal by his friend and then President Uhuru ,who endorsed Honorable Raila Odinga in the concluded general elections .

President Ruto ,outsmarted the incumbent ,an experienced politician from the ”Kikuyu Royal family ”,did the same to a veteran politician ,the doyen of opposition politics of Kenya ,Honourable Raila Odinga ,with his government backed team Azimio .

How President Ruto ,managed to convince us ,that he was one of us ,is still something am still researching.Anyway ,politics is an emotive issue ,he milked ordinary Kenyans emotions by turning around the usual tribal politics into a class politics ,Kenya being a country of forty billionaires and forty million beggers as the late J.J.Kariuki once said ,he won ,the fight of the hearts .

We need to differiate ,Ruto the presidential candidate and Ruto the President .

Ruto ,the political candidate is/was a fox but Ruto the President is a political hyena.

Why a political hyena?. Look ,at the extravagance being rubbed in our faces by his cabinet secretaries and close political cronies ?.This are guys buying luxury goods running into several millions ,from wrist watches to designer sun glasses ,this are fellas in the last one or so years weren’t showing this oppluence of luxury goods ,so ,your guess is as good as every Tom ,Dick and Harry’s…As the saying goes ,” A man is judged by the company he keeps ”.

President Ruto the political hyena ,is still giving more promises yet he hasn’t implemented half of what he promised in his political manifesto .Maybe his handlers aren’t telling him the truth or his just an outright pathological liar or he thinks fifty million of us are very stupid and aren’t living in the same country as him because, we aren’t seeing or feeling the changes or development projects he keeps talking about .

The President ,needs to realize ,his in power ,he needs to keep quite and deliver .The late President Kibaki,wasn’t a fan of the media ,but the guy really delivered. The more President Ruto talks ,the more he gives more promises ,which he won’t fulfill as he hasn’t fulfilled his past promises ,the President ,is decampaighing himself .

President Ruto the political hyena, he is urging doctors to end their strike for better pay ,as he claims ,the country wage bill is colosoul but he paradoxically turns around and asks parliament to legslize his actions to appoint cabinet assistant secretaries and goes further to remove the cap on the number of CAS he can appoint ,now are medics to trust such a president?.

President Ruto government is turning against the same people who got them into power ,the cost of living is high and unemployment is skyrocketing as his cabinet and political cronies showcase extravagance, opulence and sadism on the same folks that got them in power ,like what CS Transport told a certain guy ,who asked him for a jo b,”HUTUPEANI KAZI HAPA”,it’s equivalent to what the French Princess told French peasants,”IF THEY DON’T HAVE BREAD,LET THEM EAT CAKE”,this led to the French peasants revolution, she was hunged in Paris ,only fools assume history or think ,it can never ever happen to them ,people without a choice and hopeless, have nothing to live for or fear ,so they may just take your job !

ENSLAVED MEN !

Every Man irrespective of who they are must read the a book by a German writer Esther Villar In her book “The Manipulated Man”

This book has caused outrage and hostile criticism from women, it explains how women since the earliest times have manipulated men and turned them into their slaves, they have pretended to be the oppressed sex while in the real sense they are the oppressors.

She explains how a woman manipulates a man skillfully by steps like courtship and finally marriage, hence the saying “a man chases a woman until SHE catches him”.

In her book she explains how the man is tricked to care for the woman all his life and her offspring.

He rolls the stone like Sisyphus and in turn gets rewarded by a few minutes of sexual pleasure.

We can, by observing Esther Villars assertions that a man is a slave of his desires and the woman uses and has used it for thousands of years as a stick and carrot to keep the man chasing vanity and commit his life to serving her.

She goes ahead to explain the rivalry of women, how each woman feels the powerful urge and need to own a male for herself.

Like a slave owner she detests any move the man would make to offer his services to another woman. She uses all means to keep the man to herself and her offspring alone.

Esther Villar’s sentiments are captured by Nigerian Poet, critic and writer, Chinweizu Ibekwe in his book, “The Anatomy of Female Power” (AFP) and Will Farrel’s, “The Predatory Female”.

They all push the theory that all societies are matriarchal and not patriarchal as we are pushed and forced to believe. Matriarchy has ruled not through brawn but wits and tricks; women feigning weakness to be protected etc. Thus the male becomes the most exploited sex in human history,(in wars the man is always ready to die for the woman; he has been trained to do that).

Chinweizu calls the idea of dating and courtship, training, like that of a horse. It is during this time that a woman having kept the man on a leash by denying him sex and getting him addicted to her by false charms, trains and breaks him to whatever she wants him to become.

The marriage celebration becomes a celebration for the woman and her friends, and they all congratulate her for having succeeded in getting herself a slave. A man on that wedding day waves goodbye to his independence and his coalition of males and commits himself to a Sisyphean life, rolling the stone, an act he cannot abandon having society and the government checking on him and always ready to jail, shame or exile him for absconding his duties.

Thus the government and society helps the woman in keeping her slave in check.

Chinweizu gives a narration of how women are trained by older matriarchs to tame men. He explains how a man is trained to rely on women by his own mother. A man is shamed for cooking for himself and other domestic chores by his own mother who is an agent of the global matriarchal rule.

By getting the man to hate domestic works and having it enforced by culture which warns men against going into the kitchen, doing laundry etc., the mother trains his son for the woman who will captivate him and when the time comes she takes hold of the man’s stomach and by getting the man addicted to her body she holds him by the two, in bed and in the kitchen. With those two weapons she manipulates the man and turns him into her plaything.

In the “Myth of the Male Power”, Esther Villar’s “A Man’s Right to the Other Woman”; “The Polygamous Sex”, the authors of those books challenge the narrative that men oppress women, and by detailed research across African, Western and Eastern both in ancient and modern societies, the authors unravel the hidden power of the ruthless matriarchal power that rules the world.

Presidents, Emperors and Kings are all puppets of the matriarchy forces that rule the World by pulling the strings from behind the curtains.

The Kenyan Supreme Court decision in ;Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021)

The Supreme Court of Kenya recently delivered a landmark judgment in Dina Management Limited v County Government of Mombasa & 5 others (Petition No. 8 (E010) of 2021), which has significant implications for property investors and stakeholders in Kenya. The case involved the allocation of a parcel of land in Nyali Beach, Mombasa to H.E Daniel T. Arap Moi. Subsequent transfers of the property occurred, leading to its acquisition by Dina Management Limited. The County Government of Mombasa forcefully entered the property, claiming it was public land. Litigation ensued at the Environment and Land Court, followed by an appeal to the Court of Appeal and a petition to the Supreme Court resulting in the Supreme Court’s decision in favor of the County Government.The Supreme Court’s ruling represents a considerable departure from the previous position based on the Torrens System, where a certificate of title issued by the Registrar was considered conclusive evidence of proprietorship. Irregularities or illegality in the initial allocation did not affect subsequent transfers if subsequent owners were not party to the illegality. The key points from the ruling are as follows:1. No sanctity of title: The Supreme Court confirmed that registered title to property can be invalidated if the process followed prior to the issuance of the title did not comply with the law. This means that innocent buyers cannot rely on the principle of indefeasibility of title if the initial allocation of the land was illegal or unprocedural.2. Increased caution and diligence: Property investors, lenders, and other stakeholders are now required to exercise even greater caution and diligence when dealing with properties in Kenya. It is crucial to thoroughly investigate the history of the title, from the first allocation to the current title, to ensure its legality and validity.3. Burden of proof shifts to the buyer: The burden of proving the legality and validity of a title rests with the buyer. Merely possessing a registered lease or title is not enough. The entire allocation process must have been lawful and in compliance with the prescribed procedures for the title to be indefeasible. The implications and conclusion from this ruling are worrisome. The burden now falls on property buyers and other stakeholders to conduct thorough due diligence and establish the legality and validity of titles. This burden is particularly challenging given the parlous state of land records in Kenya and the ongoing digitisation process which has made it challenging to access historical property records. It is essential for the Government to take measures to safeguard accurate land records, both in paper and digital formats, to facilitate proper due diligence and protect investors’ interests. This ruling emphasises the need for caution, diligence, and robust investigations when engaging in property transactions in Kenya. It is not clear what will happen to transactions that have already been concluded. Presumably we shall see more cases of County Governments invading homes and businesses in the name of recovering public land. Very worrying indeed.

Biological parents right to name their child

According to statutory provisions & case law the biological parents have the first right to name their child.Article 53 1(a) and (2) of the CoK 2010 gives every child the right to a name and all matters concerning a child be determined in the best interest of the child. Other key provisions include Section 8 (1)(a) and (2) of the Children’s Act (No. 29 of 2022).

In L.N.W. v Attorney General & 3 others (2016) eKLR it was held; _”all children born out of wedlock shall have the right and or liberty to have the names of their fathers entered in the births registers.”_ Hon. Justice S. N. Mutuku at Paragraph 33 in re Baby LWW (Child) [2021] eKLR Miscellaneous Application No. 104 of 2017 asked whether it is in the best interest of the child to impose the name of an Applicant who is not the child’s biological father and who is not willing to be named as a father. Mutuku, J held that DNA test results was conclusive evidence on paternity that tilted the balance in favour of the Applicants.

In RAB (Minor) [2019] eKLR- Misc. Application No. 102 OF 2018, Justice ASENATH ONGERI sitting at the High Court of Kenya, Nairobi held that the Court cannot deny the biological father his right to have his name in the birth certificate of his biological son.In Misc App No. 104 of 2017 above the court also relied in Re R (a Child) (Surname: Using Both Parents’) where the court was dealing with a case where the mother had separated with the biological father of the child and had changed the surname of the child without consulting the father.

Here the court indicated as follows, _“that it is important for a child for there to be transparency about his parentage and for it to be acknowledged that a child always has two parents; and if it turns out (as it often does) that children have both social parents and birth parents, it is important that that fact too is acknowledged. It can be even more important in cases where there is a risk of links fading or becoming less strong as the years go on, because in the future it can prompt a child to wish to re-establish links which have become weaker or have even disappeared.”

TIME LIMIT FOR FILING A SUIT IN A KENYAN COURT


Different types of claims/cases/actions have different time limits of after how long (from the date they arose)they can be filed in Court. An example of these limitations is as follows;

  1. Cases based on a Contract(which includes employment contracts)- Limit 6 years
  2. Libel/Slander(publishing/uttering statements damaging a person’s reputation-Limit 12months
  3. Cases based on tort (a wrong by a person to another resulting to loss or harm e.g trespass, negligence, road traffic accidents mostly fall here)-Limit 3 years.
  4. Enforcing a Court Judgment –Limit 12 years
  5. Recovery of land-Limit 12 years(whats is usually know as Adverse Possession)
  6. Disability(injury related)-before the end of 6 years from the date when the person ceases to be under a disability or dies, whichever event first occurs.
  7. Action for an account-Limit 6 years.

However, the law allows your Advocate to make an Application for leave of Court to file the case out of time. You have to give valid and justifiable reasons for the delay in Order for the Application to be allowed.
With the establishment of the small Claims Court, many people have filed claims for debt recovery only to be found statute barred because they have been brought long after then limit have lapsed, and the Court was not convinced that the delay was justified.
The list above is however not exhaustive, your Wakili should advise you based on the circumstances of your case.

ADVOCATES AREN’T EMPLOYEES OF THEIR CLIENTS!

Therefore, they are not servants of the client nd ought not to be the mouthpiece through which virulent averments are spewed out against each other,Odunga J in London Distillers (K) Ltd vs. Cabinet Secretary, Ministry of Education & 4 others [2022] eKLR REPUBLIC OF KENYA .
Advocates have a duty to protect the dignity of the Court and whereas they owe a duty to protect the interest of the client with as much vigour and force as the case deserves, such vigour and forcefulness ought not to be transmuted into a condescending attitude or an unnecessary aggression towards the other parties, their counsel or the Court. Their duty is to assist the Court in arriving at fair and correct decisions by assisting their clients in bringing out the facts and the law with clarity and not necessarily to win the case at all costs.
Advocates are honourable people.They are officers of the Court. Their duty first lies to the Court and then to their clients.
When advocates take upon themselves to step into the shoes of their clients and fight their clients’ battles, they then are no longer acting as counsel but as litigants. Advocates must clearly identify the demarcation between themselves and their clients and they ought not either by action or inaction knowingly blur that boundary. In this case certain statements both in the affidavits and submissions clearly show that counsel were not alive to the need to avoid the temptation to enter into are an of litigation.

THE EMPLOYMENT AND LABOUR RELATIONS COURT, JURISDICTION CONFLICT!

The Employment and Labour Relations Court (hereinafter, the ELRC) should accept the fact that its is a limited jurisdiction under Article 162(2) of the Constitution as read with section 12 of the Employment and Labour Relations Court Act, No. 20 of 2011.

  1. I have never found anything so complicated in determining whether or not a court of law has jurisdiction. Rather, it’s my view that courts (especially the ELRC going by the number of decisions that have arisen on this issue) do not like being reminded that they lack jurisdiction, even when and where it is clear that they don’t have it. They hate the sight of a Notice of Preliminary Objection on the basis of their jurisdiction.
  2. The decision of Court of Appeal at Nakuru (Hon. F. Sichale, F. Ochieng and L. Achode, JJA) in THE CLERK, NAKURU COUNTY ASSEMBLY & 2 OTHERS vs. KENNETH ODONGO & 3 OTHERS (Nakuru Civil Appeal No. E136 of 2022) as consolidated with THE SPEAKER, NAKURU COUNTY ASSEMBLY vs. STEPHEN MICHAEL ODOUR OGUTU & 2 OTHERS (Nakuru Civil Appeal No. E136 of 2022) delivered at Nakuru on Friday, 14th April 2023 is the latest reminder to the ELRC that its jurisdiction limited to matters relating to employment and labour relations as listed under section 12(1)(a) to (j).
  3. A few months before this latest decision of the Court of Appeal, the Court (of Appeal) at Nairobi (Hon. H. Okwengu, M. Warsame and J. Mativo, JJA) in its judgment in NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES vs. KENYA TEA GROWERS ASSOCIATION & 14 OTHERS (Civil Appeal 656 of 2022); [2023] KECA 80 (KLR) dated 3rd February 2023, had in setting aside the decision of the ELRC dated 19th September 2022 which had declared the National Social Security Act No. 45 of 2013 null and void stated inter alia:

“We have read all the pleadings in the consolidated petitions. As the E&LRC bench correctly noted, the petitions challenged the constitutional validity of the legislative process leading to enactment of a legislation and or some of its provisions. This was not an employer-employee dispute. The E&LRC bench failed to appreciate that laws affect many things in a variety of ways, large and small, but these side winds do not determine what matter a law is in relation to. That is determined by analyzing the central focus of the law, what it is really all about. In order to analyze what matter a challenged law is “in relation to” the court must separate it from matters incidentally affected by the law. The bench failed to appreciate this crucial separation.”

  1. Similarly, in ATTORNEY GENERAL & 2 OTHERS vs. OKIYA OMTATA OKOITI & 14 OTHERS [2020] eKLR, the Court of Appeal restated the jurisdiction of the ELRC as follows:

“We have no doubt in our minds that the E&LRC did not have any jurisdiction to entertain the three petitions that led to this appeal. A burning and well-founded desire to remedy what are perceived to be violations of the Constitution does not justify seeking redress from a forum in which the Constitution has not vested the power to issue a remedy. It is a sad case of assuming that a wrong can be made right by another wrong. There is no fidelity to the Constitution in seeking to enforce the constitution through unconstitutional means. The issues raised in the petitions were weighty but were misdirected to the wrong forum. The Constitution has granted the High Court the requisite jurisdiction to hear and determine those issues and that is where they ought to have been raised. Having come to that conclusion, we have no basis for venturing into the merits of the appeal.”

  1. Of course, the issue of the jurisdiction of the ELRC and the other of the specialised courts established under Article 162 of the Constitution (the Environment and Land Court) has been the subject of consideration by the highest Court in the land. The Supreme Court of Kenya in REPUBLIC vs. KARISA CHENGO & ANOTHER [2017] eKLR while considering the jurisdiction of specialized courts was emphatic inter alia that:

“The Constitution of Kenya, 2010 has pronounced itself clearly on the jurisdictional competencies of various courts of law in Kenya. The drafters of the Constitution, it appears, had the intention of clearly demarcating the jurisdictions of the said courts so as to pre-empt lacunae and conflicts. Besides the Constitution, there are several statutes which demarcate the jurisdictions of various Courts and tribunals…”

“Although the High Court and the specialized Courts are of the same status, as stated, they are different Courts. It also follows that the Judges appointed to those Courts exercise varying jurisdictions, depending upon the particular Courts to which they were appointed. From a reading of the statutes regulating the specialized Courts, it is a logical inference, in our view, that their jurisdictions are limited to the matters provided for in those statutes. Such an inference is reinforced by and flows from Article 165(5) of the Constitution, which prohibits the High Court from exercising jurisdiction in respect of matters “reserved for the exclusive jurisdiction of the Supreme Court under this Constitution; or (b) falling within the jurisdiction of the Courts contemplated in Article 162(2)”.

  1. To be fair to the ELRC, some of the ELRC judges have been true to their jurisdiction. For example, Nduma, J staying true to the call in NICK GITHINJI NDICHU vs. CLERK KIAMBU COUNTY ASSEMBLY & ANOTHER [2014] eKLR, held inter alia that:

“For one to access the jurisdiction at E&LRC he must demonstrate that there exists an employer – employee relationship; that there is an oral or written contract of service or that the issue is a dispute falls (sic) within the provision of Section 12(1) of the E&LRC Act. Though Advertisement, Shortlisting, Interviewing are all steps towards recruitment and steps towards creating an employer – employee relationship, they are not in my view envisaged in Section 12 and which will place this petition under the jurisdiction of the Employment and Labour Relations Court.”

  1. I hope that the ELRC’s hunger for jurisdiction (outside section 12 of the ELRC Act) has finally been dealt the last blow by this latest explicit decision of the Court of Appeal. May I pen off with the Supreme Court’s reminder as to the source of any court’s jurisdiction in SAMUEL KAMAU MACHARIA & ANOTHER vs. KENYA COMMERCIAL BANK & ANOTHER [2012] eKLR thus:

“A Court’s jurisdiction flows from either the Constitution or legislation or both. 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.”