[2018] KEELRC 2361 (KLR)
The court found that the claimant's employment had not been terminated by the respondent and that he was expected to return to work. The court further held that any compensation for injuries suffered in the course of duty should be pursued under the Work Injury Benefits Act, 2007, and not through the present suit....
Source-derived case information.
- Citation
- [2018] KEELRC 2361 (KLR)
- Parties
- Claimant: Douglas James Mayabi; Respondent: MFI Technology Solutions Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 359 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- suit dismissed with costs to the respondent
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Termination of Employment, Work Injury Benefits, Cause of Action, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas James Mayabi
Claimant
MFI Technology Solutions Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's employment was terminated by the respondent.
- 2 Whether the claimant is entitled to compensation for alleged injuries suffered in the course of duty.
- 3 Whether the suit discloses a cause of action against the respondent.
Ratio Decidendi
The court found that the claimant's employment had not been terminated by the respondent and that he was expected to return to work. The court further held that any compensation for injuries suffered in the course of duty should be pursued under the Work Injury Benefits Act, 2007, and not through the present suit. As the suit disclosed no cause of action against the respondent and amounted to an abuse of the court process, it was dismissed with costs to the respondent.
Court Disposition
suit dismissed with costs to the respondent
Orders
- The suit is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 359 OF 2016
(Before Hon. Justice Mathews N. Nduma)
DOUGLAS JAMES MAYABI......................................................CLAIMANT
VERSUS
MFI TECHNOLOGY SOLUTIONS LIMITED...................RESPONDENT
J U D G E M E N T
1. The ruling of the court delivered on 19th February, 2017 determined all the issues raised in the main suit.
2. The court found that the employment of the Claimant has not been terminated and he should return to work forthwith and pursue compensation for injuries suffered in the course of duty under the work Injury Benefits Act, 2007.
3. The Respondent in the submissions states that it did not terminate the employment of the Claimant and was still waiting for him to return to work. The Claimant cannot be paid for days he did not work.
4. The suit discloses no cause of action against the Respondent and is an abuse of the court process. The same is dismissed with costs.
Dated and Signed in Kisumu this 6th day of February, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 2nd day of March, 2018
Maureen Onyango
Judge
Appearances
Kinyanjui Kirimi & Co. for Claimant
Mang’erere Bosire for Respondent
Anne Njung’e – Court Clerk