Organizational Buyer Behavior and Buyer-Seller Relationships Essay Example for Free

Organizational Buyer Behavior and Buyer-Seller Relationships Essay Business to business marketing also known as Industrial marketing is the marketing of goods services to organizations including commercial enterprises, government and other profit non-profit institutions for use in the goods services they in turn produce for resale to other customers or to facilitate the operation of their enterprise (Reeder, Brierty, 2002). Business to business market is characterized by few customers who buy in very large quantities and are geographically concentrated. The customers are professional and rational in their purchase approach. The nature of demand is derived demand, which is usually customized. The channels of distribution are shorter and there is more emphasis on personal face-to-face communication. In this era of globalization the business environment is characterized by intense competition. To sustain and grow in such a competitive economic environment, business organizations are under tremendous pressure to manufacture a product or provide a service that is of optimum quality, is customized to individual customer requirements and is delivered on time at minimum possible price. The role of the suppliers is crucial in helping the business organizations to achieve this objective. To succeed and grow in such business to business markets business marketers need to understand the Business Buyer Behavior and evolve close, enduring and long-term relationships. Business Buyer Behavior Understanding the dynamics of business buying behavior including the organizational buying process, the types of buying situations, forces influencing the organization buyer behavior, the composition of the buying center and the motives and the roles played by each member of the buying center is crucial for business marketers to identify profitable market segments, locate the various buying influences within these segments and reaching these buyers efficiently and effectively with product or service offerings that satisfy their needs. The Organizational Buying Process The organizational buying behavior is a process rather than an isolated program. It involves comprehensive phases or stages. The process begins with the recognition of a need for a product or service by someone in the company. Broad parameters for the desired product/service are then worked out. Detailed specifications and description for the desired product or service are developed. Once the company has defined the product /service it needs then the search for potential suppliers who can meet the needs begins, alternative suppliers are identified, asked to submit their proposals and the proposals analyzed. The short-listed suppliers are invited for negotiations and the final suppliers are selected. The order is then placed with the selected suppliers on the agreed terms. Finally the performance of the firms supplying the required products/ services is reviewed periodically. The buying process stage of the potential buyer for the seller’s product or service will have a major implication on the marketing approach to be adopted by the seller. Types of Buying Situations There are basically three major types of buying situations, namely the straight rebuy, modified rebuy and new-task buy. In a straight rebuy situation the buyer reorders a product or service without any modifications on a routine basis through the purchase department. In a modified rebuy situation the buyer may wish a modification in product/service specifications, prices, terms of supply etc. This situation usually involves more number of participants in the buying decision process. In a new task buying situation the company is buying a product or service for the first time. In such a situation the organization buying process is more complex and involves many more number of participants from different departments in the organization. The buying company also needs to decide on the product/service specifications, prices, delivery terms, order quantities, service terms etc. Forces Influencing Business Buying Behavior The organization buying behavior is influenced by environmental forces like changes in the domestic and global economy and changes in the technologies. The rapid strides made in information technology especially Internet technology has had a major influence in the way businesses buy. For example most of the small and large business organizations buy computer systems from Dell through its well developed website www. ell. com. Organization buying behavior is also influenced by the organizational forces like centralization and decentralization of purchase and strategic role and priorities of purchase prevalent in the given organization. The group forces influencing behavior include the composition, motives and the roles played by each member of the buying center. Buying Center It is the decision-making uni t of a buying organization and comprises of all members of the organization who are involved in the buying decision process. The members of the buying center will change depending on the product/service being purchased and the buying situation in which it is being purchased. The buying center members may play any one or a combination of the five roles namely, users, influencers, buyers, deciders and gatekeepers. Users are the members who will actually use the product being offered. Influencers are members who influence the purchase. Buyers are members who have the formal authority to make the purchase. Deciders are members who have formal or informal power to select/approve the final suppliers. Gatekeepers are members who control the flow of information from the seller to other members of the buying center. The buying motives/objectives of each member of the buying center through which the members evaluate potential suppliers may differ. The motives may include task oriented objectives such as price, quality, service and Return on Investment and non-task oriented objectives such as recognition, promotion, increments and job security. Companies involved in business to business marketing need to clearly identify the buying situation, the stage or the phase in the buying decision making process for the product being offered, the various forces influencing the buying organizations behavior, the composition of the buying center, the role played by each member of the buying center and the criteria on which they evaluate the suppliers for each individual customer. Based on such an understanding they should evolve suitable marketing strategies for success. For example Unilever the British FMCG major may need new high-speed packaging equipment for its innovation in detergent ‘small mighty’. Companies in the business of packaging equipment need to understand that it is a new task buy situation for Unilever. And the company may be in the need identification stage of the buying process. They need to have closer relationship with the members from different functional areas like operations, engineering, design, finance and purchase who may comprise the buying center, understand the motives of purchase and the role played by each member. This is crucial because each of this buyer behavior characteristic will have an implication on the buying decision process at Unilever. This will help the supplier to evolve suitable marketing strategies to be the favoured supplier of Unilever. Relationship emphasis in Business to Business Marketing In the highly competitive environment that is prevalent today, suppliers have evolved into business partners. There is a major emphasis on close and long-term relationships in the business to business markets. To maintain the relationships, business markets must develop an intimate knowledge of the customers and add value to it. Relationship marketing centers on all marketing activities directed towards establishing, developing and maintaining successful exchanges with customers (Morgan, Hunt, 1994). A strong relationship between the buyer and the seller is a win-win situation for both. The seller will have a competitive advantage over his competition and the buyer will have effective business solutions to his problem. The relationships between the buyer and the seller in the business to business setup are positioned on a spectrum with transactional exchanges on one end and collaborative exchanges at the other extreme with value-added exchanges in the middle. Transactional Exchanges focus on timely exchange of a product/service for a competitive price. Economy and necessity are the main motivational factors of such exchanges with little interest on the part of the buyer or the seller to extend the relationship. Such types of exchanges may be preferred by the buying organization when the purchase decision is not complex, the purchase is considered to be less significant to the achievement of its objectives, many suppliers are available and the supply market is stable. Here the business marketer need not make any specialized investment in building relationships. For example the supply of office stationery and cleaning services may call for a transactional relationship. Value added exchanges focus on complete understanding of the present and future needs of the customer and meeting those needs better than the competitor by customizing the firm’s offerings to the needs of individual customers. For example Intel Corporation, a leading player in the semiconductor industry has understood the changing computer server needs of it corporate clients and has developed and introduced a new chip that lowers electricity consumption to a very great extent. This has drastically reduced the huge electricity bills of its customers like Google Corporation that maintain thousands of servers world wide (Edwards, 2006) Collaborative Exchanges focus on building a strong social, economic, service and technical ties over a long period of time for mutual benefit through reduced costs and increased value. Such exchanges are very crucial when the market is very dynamic, the complexity of purchase is very high and the product/service being purchased is very crucial for the performance of the end product of the buying organization. In such situations the switching costs involved in changing a supplier are also very high for the buying organization. For example Asin is the sole supplier to the Japanese car manufacturing major Toyota Motors for â€Å"p-valve†, a critical brake part used in all Toyota vehicles worldwide. Aisin works in very close collaboration with Toyota Motors and is highly involved in the product development process at Toyota Motors to keep pace with the innovations being made in the Toyota vehicles and meet the JIT production requirements of Toyota (Liker, 2004). Business Marketers have some flexibility in deciding where to participate along the relationship continuum. It basically depends on the characteristics of the market, the type and price of product/service being offered and the significance of product/service being offered to the buying organization. However rival companies are continuously working towards taking away the best accounts and so also the requirements, expectations and the preferences of the individual customers keeps changing continuously. To meet these challenges business marketers must develop mutually beneficial relationships with individual customers by developing a deep understanding of their needs. Information should be openly shared to benefit both the buyer and the seller. The systems, procedures, and routines of the buyer and seller should be connected to facilitate operations. There should be very good cooperation between the buyer and seller and both should treat the buying situations as joint responsibilities. Both the buyer and seller should invest in processes and procedures that are necessary to meet the specific needs of the exchange partners. Such mutually beneficial relationships between the buyer and the seller will result in better service to the business customer as the seller will be able to provide customized product/service solutions that precisely meet the individual customer needs. Conclusion Business to business markets are growing in volume as compared to consumer markets. The characteristics of the Business to business markets call for closer buyer seller relationships. Companies operating in the Business to business markets should clearly study the organizational buyer behavior with respect to the product or service they offer. They should decide on the type of relationship, ranging from transactional exchange to collaborative exchange, which they should adopt with each customer to gain competitive advantage in the intensively competitive business environment.

Good Queen Bess Essay -- essays research papers fc

  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Good Queen Bess   Ã‚  Ã‚  Ã‚  Ã‚  When Anne Boleyn gave birth to King Henry the eighths first born daughter, it changed the world’s history as we know it. His daughter, Elizabeth the 1st would have a huge impact on the culture, life and the way women are thought of in British history.   Ã‚  Ã‚  Ã‚  Ã‚  On Sept. 7th 1533, Elizabeth, the daughter of King Henry was born. The King of England wasn’t as thrilled since she wasn’t a boy, who would mean an heir to the throne, but it was still okay. Due to the fact that after 2 more births that resulted in death, Anne Boleyn was beheaded in 1936 when Elizabeth was only 3 years old. As her father continued to remarry, divorce, and execute his wives, one more child would be born, resulting to Elizabeth having one sister, Mary, and a new born brother named Edward. After Edward was born, his mother Jane died. She was known for being the one wife that Henry actually loved. Elizabeth grew into a very smart girl. She was known as Bess as times spoke Latin, French, German, and Henry gave her a tutor to study with. Along with everything else, she developed a temper that would help her later on as being a Queen.   Ã‚  Ã‚  Ã‚  Ã‚  Now, Henry had an heir to the throne, his son Edward. As time would pass, the future king of England was getting more and more weak and sicker. Henry passed on,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  &...

The Twilight Saga 4: Breaking Dawn 21. First Hunt

â€Å"The window?† I asked, staring two stories down. I'd never really been afraid of heights per se, but being able to see all the details with such clarity made the prospect less appealing. The angles of the rocks below were sharper than I would have imagined them. Edward smiled. â€Å"It's the most convenient exit. If you're frightened, I can carry you.† â€Å"We have all eternity, and you're worried about the time it would take to walk to the back door?† He frowned slightly. â€Å"Renesmee and Jacob are downstairs___† â€Å"Oh.† Right. I was the monster now. I had to keep away from scents that might trigger my wild side. From the people that I loved in particular. Even the ones I didn't really know yet. â€Å"Is Renesmee†¦ okay†¦ with Jacob there?† I whispered. I realized belatedly that it must havebeen Jacob's heart I'd heard below. I listened hard again, but I could only hear the one steady pulse. â€Å"He doesn't like her much.† Edward's lips tightened in an odd way. â€Å"Trust me, she is perfectly safe. I know exactly what Jacob is thinking.† â€Å"Of course,† I murmured, and looked at the ground again. â€Å"Stalling?† he challenged. â€Å"A little. I don't know how†¦.† And I was very conscious of my family behind me, watching silently. Mostly silently. Emmett had already chuckled under his breath once. One mistake, and he'd be rolling on the floor. Then the jokes about the world's only clumsy vampire would start†¦. Also, this dress – that Alice must have put me in sometime when I was too lost in the burning to notice – was not what I would have picked out for either jumping or hunting. Tightly fitted ice-blue silk? What did she think I would need it for? Was there a cocktail party later? â€Å"Watch me,† Edward said. And then, very casually, he stepped out of the tall, open window and fell. I watched carefully, analyzing the angle at which he bent his knees to absorb the impact. The sound of his landing was very low – a muted thud that could have been a door softly closed, or a book gently laid on a table. It didn't look hard. Clenching my teeth as I concentrated, I tried to copy his casual step into empty air. Ha! The ground seemed to move toward me so slowly that it was nothing at all to place my feet – what shoes had Alice put me in? Stilettos? She'd lost her mind – to place mysilly shoes exactly right so that landing was no different than stepping one foot forward on a flat surface. I absorbed the impact in the balls of my feet, not wanting to snap off the thin heels. My landing seemed just as quiet as his. I grinned at him. â€Å"Right. Easy.† He smiled back. â€Å"Bella?† â€Å"Yes?† â€Å"That was quite graceful – even for a vampire.† I considered that for a moment, and then I beamed. If he'd just been saying that, then Emmett would have laughed. No one found his remark humorous, so it must have been true. It was the first time anyone had ever applied the word graceful ‘to me in my entire life†¦ or, well, existence anyway. â€Å"T/?an/cyou,†i told him. And then I hooked the silver satin shoes off my feet one by one and lobbed them together back through the open window. A little too hard, maybe, but I heard someone catch them before they could damage the paneling. Alice grumbled, â€Å"Her fashion sense hasn't improved as much as her balance.† Edward took my hand – I couldn't stop marveling at the smoothness, the comfortable temperature of his skin – and darted through the backyard to the edge of the river. I went along with him effortlessly. Everything physical seemed very simple. â€Å"Are we swimming?† I asked him when we stopped beside the water. â€Å"And ruin your pretty dress? No. We're jumping.† I pursed my lips, considering. The river was about fifty yards wide here. â€Å"You first,† I said. He touched my cheek, took two quick backward strides, and then ran back those two steps, launching himself from a flat stone firmly embedded in the riverbank. I studied the flash of movement as he arced over the water, finally turning a somersault just before he disappeared into the thick trees on the other side of the river. â€Å"Show-off,† I muttered, and heard his invisible laugh. I backed up five paces, just in case, and took a deep breath. Suddenly, I was anxious again. Not about falling or getting hurt – I was more worried about the forest getting hurt. It had come on slowly, but I could feel it now – the raw, massive strength thrilling in my limbs. I was suddenly sure that if I wanted to tunnel under the river, to claw or beat my way straight through the bedrock, it wouldn't take me very long. The objects around me – the trees, the shrubs, the rocks†¦ the house – had all begun to look very fragile. Hoping very much that Esme was not particularly fond of any specific trees across the river, I began my first stride. And then stopped when the tight satin split six inches up my thigh. Alice! Well, Alice always seemed to treat clothes as if they were disposable and meant for one-time usage, so she shouldn't mind this. I bent to carefully grasp the hem at the undamaged right seam between my fingers and, exerting the tiniest amount of pressure possible, I ripped the dress open to the top of my thigh. Then I fixed the other side to match. Much better. I could hear the muffled laughter in the house, and even the sound of someone gritting her teeth. The laughter came from upstairs and down, and I very easily recognized the much different, rough, throaty chuckle from the firstfloor. So Jacob was watching, too? I couldn't imagine what he was thinking now, or what he was still doing here. I'd envisioned our reunion – if he could ever forgive me – taking place far in the future, when I was more stable, and time had healed the wounds I'd inflicted in his heart. I didn't turn to look at him now, wary of my mood swings. It wouldn't be good to let any emotion take too strong a hold on my frame of mind. Jasper's fears had me on edge, too. I had to hunt before I dealt with anything else. I tried to forget everything else so I could concentrate. â€Å"Bella?† Edward called from the woods, his voice moving closer. â€Å"Do you want to watch again?† But I remembered everything perfectly, of course, and I didn't want to give Emmett a reason to find more humor in my education. This was physical – it should be instinctive. So I took a deep breath and ran for the river. Unhindered by my skirt, it took only one long bound to reach the water's edge. Just an eighty-fourth of a second, and yet it was plenty of time – my eyes and my mind moved so quickly that one step was enough. It was simple to position my right foot just so against the flat stone and exert the adequate pressure to send my body wheeling up into the air. I was paying more attention to aim than force, and I erred on the amount of power necessary – but at least I didn't err on the side that would have gotten me wet. The fifty yard width was slightly too easy a distance___ It was a strange, giddy, electrifying thing, but a short thing. An entire second had yet to pass, and I was across. I was expecting the close-packed trees to be a problem, but they were surprisingly helpful. It was a simple matter to reach out with one sure hand as I fell back toward the earth again deep inside the forest and catch myself on a convenient branch; I swung lightly from the limb and landed on my toes, still fifteen feet from the ground on the wide bough of a Sitka spruce. It was fabulous. Over the sound of my peals of delighted laughter, I could hear Edward racing to find me. My jump had been twice as long as his. When he reached my tree, his eyes were wide. I leaped nimbly from the branch to his side, soundlessly landing again on the balls of my feet. â€Å"Was that good?† I wondered, my breathing accelerated with excitement. â€Å"Very good.† He smiled approvingly, but his casual tone didn't match the surprised expression in his eyes. â€Å"Can we do it again?† â€Å"Focus, Bella – we're on a hunting trip.† â€Å"Oh, right.† I nodded. â€Å"Hunting.† â€Å"Follow me†¦ if you can.† He grinned, his expression suddenly taunting, and broke into a run. He was faster than me. I couldn't imagine how he moved his legs with such blinding speed, but it was beyond me. However, I was stronger, and every stride of mine matched the length of three of his. And so I flew with him through the living green web, by his side, not following at all. As I ran, I couldn't help laughing quietly at the thrill of it; the laughter neither slowed me nor upset my focus. I could finally understand why Edward never hit the trees when he ran – a question that had always been a mystery to me. It was a peculiar sensation, the balance between the speed and the clarity. For, while I rocketed over, under, and through the thick jade maze at a rate that should have reduced everything around me to a streaky green blur, I could plainly see each tiny leaf on all the small branches of every insignificant shrub that I passed. The wind of my speed blew my hair and my torn dress out behind me, and, though I knew it shouldn't, it felt warm against my skin. Just as the rough forest floor shouldn't feel like velvet beneath my bare soles, and the limbs that whipped against my skin shouldn't feel like caressing feathers. The forest was much more alive than I'd ever known – small creatures whose existence I'd never guessed at teemed in the leaves around me. They all grew silent after we passed, their breath quickening in fear. The animals had a much wiser reaction to our scent than humans seemed to. Certainly, it'd had the opposite effect on me. I kept waiting to feel winded, but my breath came effortlessly. I waited for the burn to begin in my muscles, but my strength only seemed to increase as I grew accustomed to my stride. My leaping bounds stretched longer, and soon he was trying to keep up with me. I laughed again, exultant, when I heard him falling behind. My naked feet touched the ground so infrequently now it felt more like flying than running. â€Å"Belial he called dryly, his voice even, lazy. I could hear nothing else; he had stopped. I briefly considered mutiny. But, with a sigh, I whirled and skipped lightly to his side, some hundred yards back. I looked at him expectantly. He was smiling, with one eyebrow raised. He was so beautiful that I could only stare. â€Å"Did you want to stay in the country?† he asked, amused. â€Å"Or were you planning to continue on to Canada this afternoon?† â€Å"This is fine,† I agreed, concentrating less on what he was saying and more on the mesmerizing way his lips moved when he spoke. It was hard not to become sidetracked with everything fresh in my strong new eyes. â€Å"What are we hunting?† â€Å"Elk. I thought something easy for your first time †¦Ã¢â‚¬  He trailed off when my eyes narrowed at the word easy. But I wasn't going to argue; I was too thirsty. As soon as I'd started to think about the dry burn in my throat, it was all I could think about. Definitely getting worse. My mouth felt like four o'clock on a June afternoon in Death Valley. â€Å"Where?† I asked, scanning the trees impatiently. Now that I had given the thirst my attention, it seemed to taint every other thought in my head, leaking into the more pleasant thoughts of running and Edward's lips and kissing and†¦ scorching thirst. I couldn't get away from it. â€Å"Hold still for a minute,† he said, putting his hands lightly on my shoulders. The urgency of my thirst receded momentarily at his touch. â€Å"Now close your eyes,† he murmured. When I obeyed, he raised his hands to my face, stroking my cheekbones. I felt my breathing speed and waited briefly again for the blush that wouldn't come. â€Å"Listen,† Edward instructed. â€Å"What do you hear?† Everything,I could have said; his perfect voice, his breath, his lips brushing together as he spoke, the whisper of birds preening their feathers in the treetops, their fluttering heartbeats, the maple leaves scraping together, the faint clicking of ants following each other in a long line up the bark of the nearest tree. But I knew he meant something specific, so I let my ears range outward, seeking something different than the small hum of life that surrounded me. There was an open space near us – the wind had a different sound across the exposed grass – and a small creek, with a rocky bed. And there, near the noise of the water, was the splash of lapping tongues, the loud thudding of heavy hearts, pumping thick streams of blood___ It felt like the sides of my throat had sucked closed. â€Å"By the creek, to the northeast?† I asked, my eyes still shut. â€Å"Yes.† His tone was approving. â€Å"Now†¦ wait for the breeze again and†¦ what do you smell?† Mostly him – his strange honey-lilac-and-sun perfume. But also the rich, earthy smell of rot and moss, the resin in the evergreens, the warm, almost nutty aroma of the small rodents cowering beneath the tree roots. And then, reaching out again, the clean smell of the water, which was surprisingly unappealing despite my thirst. I focused toward the water and found the scent that must have gone with the lapping noise and the pounding heart. Another warm smell, rich and tangy, stronger than the others. And yet nearly as unappealing as the brook. I wrinkled my nose. He chuckled. â€Å"I know – it takes some getting used to.† â€Å"Three?† I guessed. â€Å"Five. There are two more in the trees behind them.† â€Å"What do I do now?† His voice sounded like he was smiling. â€Å"What do you feel like doing?† I thought about that, my eyes still shut as I listened and breathed in the scent. Another bout of baking thirst intruded on my awareness, and suddenly the warm, tangy odor wasn't quite so objectionable. At least it would be something hot and wet in my desiccated mouth. My eyes snapped open. â€Å"Don't think about it,† he suggested as he lifted his hands off my face and took a step back. â€Å"Just follow your instincts.† I let myself drift with the scent, barely aware of my movement as I ghosted down the incline to the narrow meadow where the stream flowed. My body shifted forward automatically into a low crouch as I hesitated at the fern-fringed edge of the trees. I could see a big buck, two dozen antler points crowning his head, at the stream's edge, and the shadow-spotted shapes of the four others heading eastward into forest at a leisurely pace. I centered myself around the scent of the male, the hot spot in his shaggy neck where the warmth pulsed strongest. Only thirty yards – two or three bounds – between us. i tensed myself for the first leap. But as my muscles bunched in preparation, the wind shifted, blowing stronger now, and from the south. I didn't stop to think, hurtling out of the trees in a path perpendicular to my original plan, scaring the elk into the forest, racing after a new fragrance so attractive that there wasn't a choice. It was compulsory. The scent ruled completely. I was single-minded as I traced it, aware only of the thirst and the smell that promised to quench it. The thirst got worse, so painful now that it confused all my other thoughts and began to remind me of the burn of venom in my veins. There was only one thing that had any chance of penetrating my focus now, an instinct more powerful, more basic than the need to quench the fire – it was the instinct to protect myself from danger. Self-preservation. I was suddenly alert to the fact that I was being followed. The pull of the irresistible scent warred with the impulse to turn and defend my hunt. A bubble of sound built in my chest, my lips pulled back of their own accord to expose my teeth in warning. My feet slowed, the need to protect my back struggling against the desire to quench my thirst. And then I could hear my pursuer gaining, and defense won. As I spun, the rising sound ripped its way up my throat and out. The feral snarl, coming from my own mouth, was so unexpected that it brought me up short. It unsettled me, and it cleared my head for a second – the thirst-driven haze receded, though the thirst burned on. The wind shifted, blowing the smell of wet earth and coming rain across my face, further freeing me from the other scent's fiery grip – a scent so delicious it could only be human. Edward hesitated a few feet away, his arms raised as if to embrace me – or restrain me. His face was intent and cautious as I froze, horrified. I realized that I had been about to attack him. With a hard jerk, I straightened out of my defensive crouch. I held my breath as I refocused, fearing the power of the fragrance swirling up from the south. He could see reason return to my face, and he took a step toward me, lowering his arms. â€Å"I have to get away from here,† I spit through my teeth, using the breath I had. Shock crossed his face. â€Å"Can you leave?† I didn't have time to ask him what he meant by that. I knew the ability to think clearly would last only as long as I could stop myself from thinking of – I burst into a run again, a flat-out sprint straight north, concentrating solely on the uncomfortable feeling of sensory deprivation that seemed to be my body's only response to the lack of air. My one goal was to run far enough away that the scent behind me would be completely lost. Impossible to find, even if I changed my mind†¦ Once again, I was aware of being followed, but I was sane this time. I fought the instinct to breathe – to use the flavors in the air to be sure it was Edward. I didn't have to fight long; though I was running faster than I ever had before, shooting like a comet through the straightest path I could find in the trees; Edward caught up with me after a short minute. A new thought occurred to me, and I stopped dead, my feet planted. I was sure it must be safe here, but I held my breath just in case. Edward blew past me, surprised by my sudden freeze. He wheeled around and was at my side in a second. He put his hands on my shoulders and stared into my eyes, shock still the dominant emotion on his face. â€Å"How did you do that?† he demanded. â€Å"You let me beat you before, didn't you?† I demanded back, ignoring his question. And I'd thought I'd been doing sowell! When I opened my mouth, I could taste the air – it was unpolluted now, with no trace of the compelling perfume to torment my thirst. I took a cautious breath. He shrugged and shook his head, refusing to be deflected. â€Å"Bella, how did you do it?† â€Å"Run away? I held my breath.† â€Å"But how did you stop hunting?† â€Å"When you came up behind me†¦ I'm so sorry about that.† â€Å"Why are you apologizing to me? I'm the one who was horribly careless. I assumed no one would be so far from the trails, but I should have checked first. Such a stupid mistake! You have nothing to apologize for.† â€Å"But I growled at you!† I was still horrified that I was physically capable of such blasphemy. â€Å"Of course you did. That's only natural. But I can't understand how you ran away.† â€Å"What else could I do?† I asked. His attitude confused me – what did he want to have happened? â€Å"It might have been someone I know!† He startled me, suddenly bursting into a spasm of loud laughter, throwing his head back and letting the sound echo off the trees. â€Å"Why are you laughing at me?† He stopped at once, and I could see he was wary again. Keep it under control,I thought to myself. I had to watch my temper. Just like I was a young werewolf rather than a vampire. â€Å"I'm not laughing at you,Bella. I'm laughing because I am in shock. And I am in shock because I am completely amazed.† â€Å"Why?† â€Å"You shouldn't be able to do any of this. You shouldn't be so†¦ so rational. You shouldn't be able to stand here discussing this with me calmly and coolly. And, much more than any of that, you should not have been able to break off mid-hunt with the scent of human blood in the air. Even mature vampires have difficulty with that – we're always very careful of where we hunt so as not to put ourselves in the path of temptation. Bella, you're behaving like you're decades rather than days old.† â€Å"Oh.† But I'd known it was going to be hard. That was why I'd been so on guard. I'd been expecting it to be difficult. He put his hands on my face again, and his eyes were full of wonder. â€Å"What wouldn't I give to be able to see into your mind for just this one moment.† Such powerful emotions. I'd been prepared for the thirst part, but not this. I'd been so sure it wouldn't be the same when he touched me. Well, truthfully, it wasn't the same. It was stronger. I reached up to trace the planes of his face; my fingers lingered on his lips. â€Å"I thought I wouldn't feel this way for a long time?† My uncertainty made the words a question. â€Å"But I stillwant you.† He blinked in shock. â€Å"How can you even concentrate on that? Aren't you unbearably thirsty?† Of course I was now, now that he'd brought it up again! I tried to swallow and then sighed, closing my eyes like I had before to help me concentrate. I let my senses range out around me, tensed this time in case of another onslaught of the delicious taboo scent. Edward dropped his hands, not even breathing while I listened farther and farther out into the web of green life, sifting through the scents and sounds for something not totally repellant to my thirst. There was a hint of something different, a faint trail to the east___ My eyes flashed open, but my focus was still on sharper senses as I turned and darted silently eastward. The ground sloped steeply upward almost at once, and I ran in a hunting crouch, close to the ground, taking to the trees when that was easier. I sensed rather than heard Edward with me, flowing quietly through the woods, letting me lead. The vegetation thinned as we climbed higher; the scent of pitch and resin grew more powerful, as did the trail I followed – it was a warm scent, sharper than the smell of the elk and more appealing. A few seconds more and I could hear the muted padding of immense feet, so much subtler than the crunch of hooves. The sound was up – in the branches rather than on the ground. Automatically I darted into the boughs as well, gaining the strategic higher position, halfway up a towering silver fir. The soft thud of paws continued stealthily beneath me now; the rich scent was very close. My eyes pinpointed the movement linked with the sound, and I saw the tawny hide of the great cat slinking along the wide branch of a spruce just down and to the left of my perch. He was big – easily four times my mass. His eyes were intent on the ground beneath; the cat hunted, too. I caught the smell of something smaller, bland next to the aroma of my prey, cowering in brush below the tree. The lion's tail twitched spasmodically as he prepared to spring. With a light bound, I sailed through the air and landed on the lion's branch. He felt the shiver of the wood and whirled, shrieking surprise and defiance. He clawed the space between us, his eyes bright with fury. Half-crazed with thirst, I ignored the exposed fangs and the hooked claws and launched myself at him, knocking us both to the forest floor. It wasn't much of a fight. His raking claws could have been caressing fingers for all the impact they had on my skin. His teeth could find no purchase against my shoulder or my throat. His weight was nothing. My teeth unerringly sought his throat, and his instinctive resistance was pitifully feeble against my strength. My jaws locked easily over the precise point where the heat flow concentrated. It was effortless as biting into butter. My teeth were steel razors; they cut through the fur and fat and sinews like they weren't there. The flavor was wrong, but the blood was hot and wet and it soothed the ragged, itching thirst as I drank in an eager rush. The cat's struggles grew more and more feeble, and his screams choked off with a gurgle. The warmth of the blood radiated throughout my whole body, heating even my fingertips and toes. The lion was finished before I was. The thirst flared again when he ran dry, and I shoved his carcass off my body in disgust. How could I still be thirsty after all that? I wrenched myself erect in one quick move. Standing, I realized I was a bit of a mess. I wiped my face off on the back of my arm and tried to fix the dress. The claws that had been so ineffectual against my skin had had more success with the thin satin. â€Å"Hmm,† Edward said. I looked up to see him leaning casually against a tree trunk, watching me with a thoughtful look on his face. â€Å"I guess I could have done that better.† I was covered in dirt, my hair knotted, my dress bloodstained and hanging in tatters. Edward didn't come home from hunting trips looking like this. â€Å"You did perfectly fine,† he assured me. â€Å"It's just that†¦ it was much more difficult for me to watch than it should have been.† I raised my eyebrows, confused. â€Å"It goes against the grain,† he explained, â€Å"letting you wrestle with lions. I was having an anxiety attack the whole time.† â€Å"Silly.† â€Å"I know. Old habits die hard. I like the improvements to your dress, though.† If I could have blushed, I would have. I changed the subject. â€Å"Why am I still thirsty?† â€Å"Because you're young.† I sighed. â€Å"And I don't suppose there are any other mountain lions nearby.† â€Å"Plenty of deer, though.† I made a face. â€Å"They don't smell as good.† â€Å"Herbivores. The meat-eaters smell more like humans,† he explained. â€Å"Not that much like humans,† I disagreed, trying not to remember. â€Å"We could go back,† he said solemnly, but there was a teasing light in his eye. â€Å"Whoever it was out there, if they were men, they probably wouldn't even mind death if you were the one delivering it.† His gaze ran over my ravaged dress again. â€Å"In fact, they would think they were already dead and gone to heaven the moment they saw you.† I rolled my eyes and snorted. â€Å"Let's go hunt some stinking herbivores.† We found a large herd of mule deer as we ran back toward home. He hunted with me this time, now that I'd gotten the hang of it. I brought down a large buck, making nearly as much of a mess as I had with the lion. He'd finished with two before I was done with the first, not a hair ruffled, not a spot on his white shirt. We chased the scattered and terrified herd, but instead of feeding again, this time I watched carefully to see how he was able to hunt so neatly. All the times that I had wished that Edward would not have to leave me behind when he hunted, I had secretly been just a little relieved. Because I was sure that seeing this would be frightening. Horrifying. That seeing him hunt would finally make him look like a vampire to me. Of course, it was much different from this perspective, as a vampire myself. But I doubted that even my human eyes would have missed the beauty here. It was a surprisingly sensual experience to observe Edward hunting. His smooth spring was like the sinuous strike of a snake; his hands were so sure, so strong, so completely inescapable; his full lips were perfect as they parted gracefully over his gleaming teeth. He was glorious. I felt a sudden jolt of both pride and desire. He was mine. Nothing could ever separate him from me now. I was too strong to be torn from his side. He was very quick. He turned to me and gazed curiously at my gloating expression. â€Å"No longer thirsty?† he asked. I shrugged. â€Å"You distracted me. You're much better at it than I am.† â€Å"Centuries of practice.† He smiled. His eyes were a disconcertingly lovely shade of honey gold now. â€Å"Just one,† I corrected him. He laughed. â€Å"Are you done for today? Or did you want to continue?† â€Å"Done, I think.† I felt very full, sort of sloshy, even. I wasn't sure how much more liquid would fit into my body. But the burn in my throat was only muted. Then again, I'd known that thirst was just an inescapable part of this life. And worth it. I felt in control. Perhaps my sense of security was false, but I did feel pretty good about not killing anyone today. If I could resist totally human strangers, wouldn't I be able to handle the werewolf and a half-vampire child that I loved? â€Å"I want to see Renesmee,† I said. Now that my thirst was tamed (if nothing close to erased), my earlier worries were hard to forget. I wanted to reconcile the stranger who was my daughter with the creature I'd loved three days ago. It was so odd, so wrong not to have her inside me still. Abruptly, I felt empty and uneasy. He held out his hand to me. I took it, and his skin felt warmer than before. His cheek was faintly flushed, the shadows under his eyes all but vanished. I was unable to resist stroking his face again. And again. I sort of forgot that I was waiting for a response to my request as I stared into his shimmering gold eyes. It was almost as hard as it had been to turn away from the scent of human blood, but I somehow kept the need to be careful firmly in my head as I stretched up on my toes and wrapped my arms around him. Gently. He was not so hesitant in his movements; his arms locked around my waist and pulled me tight against his body. His lips crushed down on mine, but they felt soft. My lips no longer shaped themselves around his; they held their own. Like before, it was as if the touch of his skin, his lips, his hands, was sinking right through my smooth, hard skin and into my new bones. To the very core of my body. I hadn't imagined that I could love him more than I had. My old mind hadn't been capable of holding this much love. My old heart had not been strong enough to bear it. Maybe this was the part of me that I'd brought forward to be intensified in my new life. Like Carlisle's compassion and Esme's devotion. I would probably never be able to do anything interesting or special like Edward, Alice, and Jasper could do. Maybe I would just love Edward more than anyone in the history of the world had ever loved anyone else. I could live with that. I remembered parts of this – twisting my fingers in his hair, tracing the planes of his chest – but other parts were so new. He was new. It was an entirely different experience with Edward kissing me so fearlessly, so forcefully. I responded to his intensity, and then suddenly we were falling. â€Å"Oops,† I said, and he laughed underneath me. â€Å"I didn't mean to tackle you like that. Are you okay?† He stroked my face. â€Å"Slightly better than okay† And then a perplexed expression crossed his face. â€Å"Renesmee?† he asked uncertainly, trying to ascertain what I wanted most in this moment. A very difficult question to answer, because I wanted so many things at the same time. I could tell that he wasn't exactly averse to procrastinating our return trip, and it was hard to think about much besides his skin on mine – there really wasn't that much left of the dress. But my memory of Renesmee, before and after her birth, was becoming more and more dreamlike to me. More unlikely. All my memories of her were human memories; an aura of artificiality clung to them. Nothing seemed real that I hadn't seen with these eyes, touched with these hands. Every minute, the reality of that little stranger slipped further away. â€Å"Renesmee,† I agreed, rueful, and I whipped back up onto my feet, pulling him with me.

Jurisdiction and powers of the High Court - Free Essay Example

Sample details Pages: 10 Words: 2954 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. Don’t waste time! Our writers will create an original "Jurisdiction and powers of the High Court" essay for you Create order According to the Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary, à ¢Ã¢â€š ¬Ã…“jurisdictionà ¢Ã¢â€š ¬Ã‚ is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of facts, proved or admitted, referred to the tribunal for decision, and authorized by law to be subject to investigation or action by tribunal, and in favor of or against persons who present themselves, or who are brought, before the court in some manner sanctioned by law as proper and sufficient.[1] Without jurisdiction, a court acts in vain. In Owners of the Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd[2], the court stated that, à ¢Ã¢â€š ¬Ã…“Jurisdiction is everything. Without it a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect o f the matter before it the moment it holds the opinion that it is without jurisdictionà ¢Ã¢â€š ¬Ã‚  The various forms of jurisdictions conferred upon the courts include original jurisdiction, supervisory jurisdiction, and appellate jurisdiction among others. These forms of jurisdictions are discussed in relation to the High Court, Industrial Court and the Environment and Land Court. Reference is made to the Constitution of Kenya, and the statutes operationalizing these courts. Jurisdiction of The High Court Article 165(1) of the Constitution establishes the High Court. Subsequently, subsection 2 of the same article provides that there shall be a Principle judge elected by the judges of the High Court from among the High Court judges. The Jurisdiction of the High Court is as discussed as below: Unlimited Original Jurisdiction of the High Court Article 165(3) outlines the specific forms of the jurisdiction of the High Court. These include: unlimited original jurisdiction in civil and criminal matters, jurisdiction to hear matters on the interpretation of the Constitution, supervisory jurisdiction, reference jurisdiction, jurisdiction for the protection of fundamental rights, and, enforcement jurisdiction in respect of fundamental rights and freedoms.[3] Additionally, legislation may confer original or appellate jurisdiction to the High Court.[4] However, Article 165(3) refers to clause 5 of Article 165 as to the limitation of the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction. The High Court is limited to matters reserved for the exclusive jurisdiction of the Supreme Court under the Constitution and matters falling within the jurisdiction of the Industrial Court, and the Environment and Land Court. Supervisory Jurisdiction Article 165 (6) of the Constitution confers upon the High Court supervisory jurisdiction over any civil or criminal proceedings or matters before a subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function but not over superior courts. Article 165(7) provides that for the purposes of sub-article 6, the High Court is vested with the powers to make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by those courts. Such powers include calling for the record of any proceedings before the subordinate courts or person, body or authority referred to under clause 6. Article 160 of the Constitution provides that in exercising the judicial authority, the judiciary as constituted under Article 161 shall be subject to the constitution and the law and shall not be subject to the control or direction of any person or authority. It thus follows that the High Court is vested with supervisory jurisdiction over the subordinate courts. It is also overt that the High Courts generally has the supervisory jurisdiction over persons and authorities in observing there mandate in so far as it is not limited as indicated under Article 165 (5) of the Constitution. Jurisdiction to determine matters relating to violation of the fundamental freedoms in the Bill of Rights Article 23 of the Constitution provides that the High Court has jurisdiction pursuant to Article 165 of the Constitution. The fundamental rights are guaranteed under part two of Chapter four of the Constitution. Article 165 (3) (b), accords the High Court the power to determine any questions as to whether a right or a fundamental freedom in the Bill of Rights has been denied, infringed or threatened. The fundamental freedoms envisaged under the constitution include: Freedom and security of person; Freedom of conscience, religion, belief and opinion; Freedom of expression; Freedom of media; Freedom of association; and Freedom of movement and residence. However, claims arising out of an interest or right in or over property must be brought for determination under the Environment and Land Court.[5] This position was supported by the case of Samuel Kamau Macharia Another V Kenya Commercial Bank 2 Others[6], the court observed that: à ¢Ã¢â€š ¬Ã…“A courtà ¢Ã¢â€š ¬Ã‹Å"s jurisdiction flows from either the constitution, legislation or both. Thus, a court of law can only exercise jurisdiction as conferred by the constitution or written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by lawà ¢Ã¢â€š ¬Ã‚ ¦where the constitution exhaustively provides for the jurisdiction of a court of law. The court must operate within the limits. It cannot expand its jurisdiction through a judicial craft or innovation.à ¢Ã¢â€š ¬Ã‚  Therefore, the High Court has no jurisdiction to determine questions as to the infringement, denial, violation or threat to rights or fundamental freedoms in the Bill of Righ ts that fall on the jurisdiction of the special courts. Article 162 of the Constitution contemplates a system of courts consisting of superior courts and subordinate courts. The two special courts are established by the parliament with status of the High Court to hear and determine matters relating to the environment, the use and occupation of and title to land. Appellate Jurisdiction The appeals from the subordinate courts and tribunals lie to the High Court. These include appeals from both the civil matters as well as criminal matters. Article 165(3) (c) of the Constitution vests the jurisdiction to hear an appeal from the decision of a tribunal appointed under the constitution to consider the removal of a person from office, other than the tribunal appointed under Article 144 of the Constitution.[7] Jurisdiction to hear any question relating to the interpretation of the Constitution Article 165(3) (d) vests the High Court with the jurisdiction to hear questions in respect to the interpretation of the Constitution. The High Court, subject to this Article, shall determine whether a law contravenes or is inconsistent with the Constitution, to determine matters on the constitutional powers of State organs.[8] In order to determine the questions raised under clause (3) (b) or (d), the bench shall consist of an uneven number of judges, being not less than three, assigned by the chief Justice.[9] Environment and Land Court Article 162(2) of the Constitution read together with Article 165(5) deprives the High Court jurisdiction to hear any matter reserved for the exclusive jurisdiction of either the Supreme Court or matters falling within the jurisdiction of the Courts contemplated under Article 162(2). Article 162 of the Constitution that establish superior courts provides as follows: 162. (1)à ¢Ã¢â€š ¬Ã…“the superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause (2). (2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating toà ¢Ã¢â€š ¬Ã¢â‚¬  (a) Employment and labour relations; and (b) The environment and the use and occupation of, and title to, land. (3) Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2). Article 162 in effect obligated the Parliament to establish superior courts namely the Industrial Court and the Envir onment and Land Court to hear and determine disputes contemplated under Article 162 (2) of the Constitution. Article 165(5) specifically provides that the High Court shall not have jurisdiction over disputes contemplated under Article 162((2) and these are labour disputes and land and environmental disputes. Legal practice tradition require that this being a jurisdictional clause, it had to be followed to the latter as held in the locus classicus case of Owner of Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd as explained above. The Environment and Land Court, as one of the Courts contemplated by article 162(2) is a Superior Court, has the same status as the High Court. Pursuant to article 162(3) of the Constitution, Parliament was empowered to determine the jurisdiction and the functions of the Environment and Land Court. Consequently, Parliament enacted the Environment and Land Court Act, 2011 that established the Land and Environment Court. S ection 4 of the Environment and Land Court Act,[10]establishes the Environment and Land Court. The Act provides that: à ¢Ã¢â€š ¬Ã…“4. (1) there is established the Environment and Land Court. (2) The Court shall be a superior court of record with the status of the High Court.(3) The Court shall have and exercise jurisdiction throughout Kenya and shall pursuant to section 26, ensure reasonable and equitable access to its services in every county.à ¢Ã¢â€š ¬Ã‚  Section 13 of the Act defines the jurisdiction of the Environment and Land Court. TheCourt has original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2) (b) of the Constitution and with the provisions of Act or any other written law relating toenvironment and land. In exercising its jurisdiction under Article 162 (2) (b) of the Constitution, and section 13 of the Environment and Land Court Act, the Court has power to hear and determine disputes relating to environment a nd land. It includes disputes relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources or disputes relating to compulsory acquisition of land.The court further has powers to deal with disputes relating to land administration and management. The court is also empowered to hear cases relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land. In this regard one will say that all disputes relating to securities and in particular any dispute dealing with the statutory power of sale by financial institutions will be dealt with by this court. Further, the Act states that the court has jurisdiction to hear any other dispute relating to environment and land. The court has jurisdiction to hear and determine matters relating to the right to clean environment.Section 13 (3) of the Environment and Land Court Act provides that, nothing in this Act shall preclude the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to the environment and land under Articles 42, 69 and 70 of the Constitution. The Court also exercises appellate jurisdiction over the decisions of subordinate courts or local tribunals in respect of matters falling within the jurisdiction of the Court.[11] Additionally, the Court exercises supervisory jurisdiction over subordinate courts, local tribunals, persons or authorities in accordance with Article 165(6) of the Constitution. In exercise of the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s supervisory jurisdiction the Court may call for the record of any proceedings before any subordinate court, body, authority or local tribunal exercising judicial or quasi-judicial functions, or a decision of any person exercising executive authorityand may make any o rder or give any direction the court considers appropriate to ensure the fair administration of justice. Section 13(7) of the Act provides that, in exercising its powers the court can grant the following orders: interim or permanent preservation orders including injunctions; prerogative orders; award of damages; compensation; specific performance; restitution; declaration; or costs. Industrial Court of Kenya The Jurisdiction of the Industrial Court Similar to the Environment and Land Court, the Industrial Court is established pursuant to Article 162(2) (a) of the Constitution of Kenya, which provides, à ¢Ã¢â€š ¬Ã…“Parliament shall establish courts with the status of the High Courtà ¢Ã¢â€š ¬Ã‚ ¦ to hear and determine disputes relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The purpose of this Article is to establish the Industrial Court as a superior court of record andose is 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 to confer jurisdiction on the Court with respect to employment and labour relations and other related purposes. Section 4 of the Industrial Courts Act,establishes the Industrial Court as Parliament was obliged by the Constitution to do so. The section provides that, à ¢Ã¢â€š ¬Ã…“In pursuant to Article 162(2) of the Constitution, there is established the Industrial Court for the purpose of settling employment and industria l relations disputes, and the furtherance, securing and maintenance of good employment and labour relations in Kenyaà ¢Ã¢â€š ¬Ã‚ . Similarly, the Act under the provision of Article 162(3) of the Constitution, defines the Jurisdiction of the Industrial Court. Section 12of the Industrial Court Act defines the jurisdiction of the Industrial Court as, The Court has, à ¢Ã¢â€š ¬Ã…“exclusiveoriginal and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution, and the provisions of this Act, or any other written law which extends jurisdiction to the Court relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Among the other principal Acts of Parliament that extend the jurisdiction to the Industrial Court are the Employment Act[12] and the Labour Relations Act[13]. Section 87(1) of the Employment Act states à ¢Ã¢â€š ¬Ã…“Subject to the provisions of this Act, whenever à ¢Ã¢â€ š ¬Ã¢â‚¬Å" (a) an employer or employee neglects to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or, (c) touching on any misconduct, neglect or ill treatment of either party or any injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Courtà ¢Ã¢â€š ¬Ã‚ . Section 87 (2) states à ¢Ã¢â€š ¬Ã…“No other Court other than the Industrial Court shall determine any complaint or suit referred to in subsection (1).à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ This section is a à ¢Ã¢â€š ¬Ã‹Å"limitation clauseà ¢Ã¢â€š ¬Ã¢â€ž ¢ with regards to jurisdiction. Despite it being one of the superior courts, no other court of the same status can preside over matters relating to the jurisdiction of the Industrial Court. Moreover, Section 73 of the Labour Relations Act extends jurisdiction to t he Industrial Court as follows- à ¢Ã¢â€š ¬Ã…“If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the Rules of the Industrial Court.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Subsequently, section 74 allows trade unions to refer to the Industrial Court as a matter of urgency, disputes concerning recognition, redundancy, and employees engaged in essential service. It thus follows that the Constitution, the Industrial Court Act and other written laws such as the Employment Act, and the Labour Relations Act govern the Industrial Court and confer jurisdiction on the Industrial Court. Conclusion As it is discussed, there is fundamental need to prove jurisdictionwhen instituting a matter before court. Considering the provisions outlining the jurisdiction of the three courts, it is important to note that these courts are of the same status. The Constitution, under Article 162, names the superior courts among them being the High Court, the Industrial Court, and the Environment and Land Court. However, this Article gives more details on the establishment of the last two courts. It mandates Parliament to enact legislation that establish and define the jurisdiction of these courts. Referring to the nature of matters brought before the Industrial Court and the Environment and Land Court, a special feature is common in both courts. They are courts of courts of a specialized nature and there are provisions that limit their jurisdiction. Subsequently, other courts are limited to hear and determine matters within the jurisdiction of these courts. As is noted above therefore, em phasis is on the establishment and jurisdiction of the Industrial and Environment and Land Court. The Article 162 (2) is specific as to the status of the courts. They are of the same status as the High Court, but conferred with different jurisdictions from that of the High Court. Professor Albert Mumma while presenting[14] his paper, The Jurisdiction of the Environment and Land Court said, à ¢Ã¢â€š ¬Ã…“The ELC is a court sui generis- neither the High Court nor an administrative tribunal. It has a constitutional interpretation and human rights enforcement jurisdiction, appellate jurisdiction, supervisory and judicial review jurisdiction.à ¢Ã¢â€š ¬Ã‚  He based this reasoning on the unique nature of land disputes and that it was cumbersome for litigants due to the mainstream High Court judicial mechanisms. To echo Professor Mummaà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion, it is essential to distinguish the jurisdiction of the three courts. The jurisdiction of both the Environment and Land Court and the Industrial Court are specialized jurisdictions, which need judicial officers with the right expertise on the matters brought before them. In this case, Flotta needs to understand the nature of her matter. The definition of her relationship with the county assembly is essential to guide her under which court she should institute her complaint.in our subsequent discussions in this paper we shall also seek to explain the nature of the relationship she had with the County Government of Kiangà ¢Ã¢â€š ¬Ã¢â€ž ¢ombe.However not expressly defined in statute, we will also rely on various jurisprudence to show what kind of relationship it was. Having distinguished the various jurisdictions of the superior courts,the paper shall also identify which court to move by observing practice. Part 3, 4 and 5 of this paper shall discuss conclusively on this matter. [1] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary Free Online Legal Dictionary 2nd Edition. [2] (1989) KLR 1 [3]Article 165(3)(a)- (d) [4]Article 165(3) (e) [5]Article 165 (5) (b) of the Constitution. [6] [2012]eKLR [7] Tribunal for the removal of the President of the President on grounds of incapacity. [8]This is in relation to the county governments and the relationship between the different levels of government defined by the constitution. [9] Article 165(4) of the Constitution [10] No. 19 of 2011 [11] Gazette Notice No. 16268. à ¢Ã¢â€š ¬Ã…“Practice Directions on Proceedings relating to the Environment and the use and Occupation of, and Title to Land. [12]Number 11 of 2007 [13]Number 14 of 2007 [14]At a Seminar for Continuing Legal Education (CLE) held at The Imperial Hotel, Kisumu in 2013.