[2022] KEELRC 12852 (KLR)
The court found that the applicant was an employee of the 1st respondent, as evidenced by the contractual documents and the nature of the employment relationship. The 2nd respondent was not the employer and was only a client of the 1st respondent, who supplied labour. Therefore, the award by the Director...
Source-derived case information.
- Citation
- [2022] KEELRC 12852 (KLR)
- Parties
- Applicant: Wycliffe Wawire Barasa; Respondent: Ready Consultancy Limited; Respondent: Eldoret Grains Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E017 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Award as Judgment
- Outcome
- Application partially allowed.
- Judges
- NJ Abuodha
- Legal Topics
- Workplace Injury, Wiba Award Enforcement, Employment Relationship, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wycliffe Wawire Barasa
Applicant
Ready Consultancy Limited
Respondent
Eldoret Grains Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Award as Judgment
Legal Issues
- 1 Whether the court should adopt the Director Occupational Health and Safety award as a judgment for enforcement purposes.
- 2 Whether the 2nd respondent was properly joined as a party to the application.
Ratio Decidendi
The court found that the applicant was an employee of the 1st respondent, as evidenced by the contractual documents and the nature of the employment relationship. The 2nd respondent was not the employer and was only a client of the 1st respondent, who supplied labour. Therefore, the award by the Director Occupational Health and Safety should be adopted as a judgment of the court for enforcement against the 1st respondent only. The 2nd respondent was improperly joined and was struck out from the application. There was no order as to costs.
Court Disposition
Application partially allowed.
Orders
- The Director Occupational Health and Safety award at Eldoret office WIBA/ELD/1824 dated June 17, 2017 is adopted as a judgment of the court.
- A decree shall issue for enforcement purposes.
Full Case Text
Judgment text and source record
22 paragraphs
Barasa v Ready Consultancy Limited & another (Miscellaneous Case E017 of 2021) [2022] KEELRC 12852 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12852 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Eldoret
Miscellaneous Case E017 of 2021
NJ Abuodha, J
October 14, 2022
Between
Wycliffe Wawire Barasa
Claimant
and
Ready Consultancy Limited
1st Respondent
Eldoret Grains Limited
2nd Respondent
Ruling
1. By a motion dated July 28, 2021 the claimant applicant sought orders of the court to adopt for purposes of enforcement the award by the Director Occupational Health and Safety given at Eldoret office WIBA/ELD/1824 on June 17, 2017.
2. The 2nd respondent did not seem to directly oppose the application but alleged that the matter was subjudice since there was similar suit pending between the parties being Eldoret CMMC No 518 of 2018. The 2nd respondent further objected to the application stating they were wrongly joined in the suit. According to the 2nd respondent, the claimant/applicant was at all material times never an employer of the 2nd respondent. The 2nd respondent only contracted the 1st respondent to source and supply causal labourer. The 2nd respondent exhibited in its application dated October, 2021 a copy of the labour outsource contract between the 2nd respondent and the 1st respondent. According to paragraph 8 of the contract, the 1st respondent was to be responsible for their employees injuries.
3. From the foregoing, the court will allow the application dated July 28, 2021 to the extent that the court will adopt the Director Occupational Health and Safety Award given at Eldoret office WIBA/ELD/1824 dated June 17, 2017 as a judgment of the court and a decree will issue therefrom for purposes of enforcement.
4. The court will however strike out from the application the 2nd respondents since all the documents in support of this application (dated July 28, 2021) and the application dated December 2, 2021 clearly show that the claimant was an employee of the 1st respondent. There will be no order as to costs.
5. It is so ordered
DATED AND DELIVERED AT ELDORET THIS 14THDAY OF OCTOBER, 2022ABUODHA NELSON JORUMJUDGE ELRC