[2022] KEELRC 222 (KLR)
The court held that the sections of the Work Injury Benefit Act invoked by the applicant do not confer jurisdiction on the Employment and Labour Relations Court to adopt awards of the Director of Work Injury as judgments of the court. The Act only provides for appellate jurisdiction, and the adoption of such awards...
Source-derived case information.
- Citation
- [2022] KEELRC 222 (KLR)
- Parties
- Applicant: Daniel Muthoka Mithiani; Respondent: Insight Management Consultants Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E002 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application declined
- Judges
- J Rika
- Legal Topics
- Work Injury Benefit Act, Jurisdiction of Court, Adoption of Awards, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muthoka Mithiani
Applicant
Insight Management Consultants Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Does the Employment and Labour Relations Court have jurisdiction to adopt as its judgment an award made by the Director of Work Injury under the Work Injury Benefit Act?
- 2 Do Sections 16, 17, and 51 of the Work Injury Benefit Act confer such jurisdiction on the Court?
Ratio Decidendi
The court held that the sections of the Work Injury Benefit Act invoked by the applicant do not confer jurisdiction on the Employment and Labour Relations Court to adopt awards of the Director of Work Injury as judgments of the court. The Act only provides for appellate jurisdiction, and the adoption of such awards is not within the scope of that jurisdiction. Therefore, the application to adopt the award as a judgment of the court was declined.
Court Disposition
application declined
Orders
- The application is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT
AT NAIROBI
MISCELLANEOUS APPLICATION N0. E002 OF 2021
BETWEEN
DANIEL MUTHOKA MITHIANI …………………………………….……………APPLICANT
VERSUS
INSIGHT MANAGEMENT CONSULTANTS LIMITED……………………. RESPONDENT
RULING
1. The Applicant prays the Court to adopt as its Judgment, an award made by the Senior Occupational Health and Safety Officer, dated 29th July 2020.
2. The Application is founded on the Affidavit of the Applicant, sworn on 19th November 2021.
3. The Applicant invokes Sections 16, 17 and 51 of the Work Injury Benefit Act 2007.
4. The Sections of the Law invoked by the Applicant do not confer jurisdiction on this Court, to adopt awards of the Director of Work Injury, as Judgments of the Court.
5. The Work Injury Benefit Act, confers an appellate jurisdiction on the Court. Adoption of awards of the Director of Work Injury as Judgments of the Court, is not within the appellate jurisdiction.
IT IS ORERED: -
a. The Application is declined.
b. No order on the costs.
Dated, signed and released to the Parties electronically, under the Ministry of Health and Judiciary Covid-19 Guidelines, at Chaka, this 28th day of April 2022.
JAMES RIKA
JUDGE