[2021] KEELRC 2321 (KLR)
The court determined that the subject matter of the appeal—an employment-related work injury claim—falls squarely within the jurisdiction of the Employment and Labour Relations Court (ELRC). The intention of the appellant was to have the appeal heard by the ELRC, and the applicable legal authorities confirm that...
Source-derived case information.
- Citation
- [2021] KEELRC 2321 (KLR)
- Parties
- Appellant: Devki Steel Mills Limited; Respondent: Vincent Sakwa Malongo
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 153 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Appellate Jurisdiction and Forum
- Outcome
- Appeal to proceed before the Employment and Labour Relations Court; costs in the cause.
- Judges
- GV Odunga
- Legal Topics
- Work Injury Benefits, Appellate Jurisdiction, Court Jurisdiction, Employer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Devki Steel Mills Limited
Appellant
Vincent Sakwa Malongo
Respondent
Procedural Posture
Civil Appeal / Ruling on Appellate Jurisdiction and Forum
Legal Issues
- 1 Whether the Employment and Labour Relations Court (ELRC) has jurisdiction to hear appeals relating to work injury claims between employer and employee.
- 2 Whether the appeal was properly filed and should proceed before the ELRC.
Ratio Decidendi
The court determined that the subject matter of the appeal—an employment-related work injury claim—falls squarely within the jurisdiction of the Employment and Labour Relations Court (ELRC). The intention of the appellant was to have the appeal heard by the ELRC, and the applicable legal authorities confirm that such appeals are to be handled by the ELRC. Therefore, the High Court directed that further proceedings in the appeal be undertaken by the ELRC, as it is a court of equal status to the High Court and empowered to grant the reliefs sought.
Court Disposition
Appeal to proceed before the Employment and Labour Relations Court; costs in the cause.
Orders
- Further proceedings in this appeal will be undertaken by the Employment and Labour Relations Court.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MACHAKOS
(APPELLATE SIDE)
(Coram: Odunga, J)
CIVIL APPEAL NUMBER 153 OF 2018
DEVKI STEEL MILLS LIMITED....................................................................APPELLANT
VERSUS
VINCENT SAKWA MALONGO.................................................................RESPONDENT
(Being an Appeal from the Judgement delivered on 30th June
2017 by Honourable Kassan in Mavoko PMCC Number 753 of 2015)
BETWEEN
VINCENT SAKWA MALONGO.......................................................................PLAINTIFF
VERSUS
DEVKI STEEL MILLS LIMITED..................................................................DEFENDANT
RULING
1. This appeal arises out of an accident that allegedly occurred on 30th April, 2015 at the Appellant’s premises where the Respondent alleges to have been working in the course of his employment. According to the Respondent, while in the course of duty of carrying metal rods, he sustained a deep cut on the right leg. It was his case that the accident was caused by the negligence and/or breach of statutory duty on the part of the Appellant, its directors and/or supervisors He therefore sought compensation in the form of general damages, special damages in the sum of Kshs. 3000. 00, interest and costs of the suit.
2. After hearing the parties, the learned trial magistrate in his judgement found for the Respondent on liability at 80:20 % and proceeded to assess the quantum of damages by awarding the Respondent general damages in the sum of Kshs. 130,000. 00, special damages of Kshs 3,000, costs and interests.
3. Aggrieved by the said decision, the Appellant lodged this appeal which was expressly stated to have been filed in the Employment and Labour Court at Machakos. However, for reasons unknown to this Court, the matter was filed in the High Court registry.
4. In Juma Nyamawi Ndungo & 5 Others vs. Attorney General; Mombasa Law Society (Interested Party) [2019] eKLR the Court clarified that disputes relating to or arising from the employment relationship between an employee and an employer are to be heard by the Employment and Labour Relations Court (ELRC). In the case of Saidi Mohammed vs. Diamond Industries Ltd (2018) eKLR the court observed that the Employment and Labour Relations Court has appellate jurisdiction in disputes relating to work injury. In Elizabeth Njeri Nderi & Another vs. Highway Carriers Limited [2019] eKLR the Court of Appeal while allowing an appeal arising from the provisions of the Work Injury Benefits Act held that now that the appellate court is the Employment and Labour Relations Court (hereinafter referred to as “the ELRC”), the case should be remitted to that court.
5. The consequence thereof is that appeals in relation to work injuries are handled by the Employment and Labour Relations Court.
6. Although the Respondent also pleaded that his injuries were caused by the negligence on the part of the Respondent, in my view this matter substantially falls within the jurisdiction of the ELRC.
7. In this case, it is clear that the intention of the appellant was to have the appeal heard by the ELRC. Accordingly, the order which commends itself to me and which I hereby make is that further proceedings in this appeal will be undertaken by the ELRC since the said Court is a Court of equal status as the High Court and is empowered to grant the reliefs sought herein.
8. The costs will be in the cause. Orders accordingly.
RULING READ, SIGNED AND DELIVERED IN OPEN COURT AT MACHAKOS THIS 14TH DAY OF APRIL, 2021.
G. V. ODUNGA
JUDGE
Delivered in the presence of:
Mr Muruiki for the Appellant
CA Geoffrey