Waema v Match Masters Ltd (Civil Appeal E073 of 2025) [2026] KEHC 13000 (KLR) (18 August 2026) (Ruling)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CIVIL APPEAL NO.E073 OF 2025 FELIX MAKAU WAEMA ………………………...…………..… APPELLANT VERSUS MATCH MASTERS LIMITED …………………………..……RESPONDENT (Being an Appeal from the judgment of the Honourable L. Kwamboka delivered on the 11th September, 2024 in Kikuyu Chief Magistrate’s Court, Civil Case No.60 of 2018) RULING 1. This matter has been placed before this Court for directions. I have read through the record and pursuant to the indication by Mr. Omina before Hon. Nellyanne Ng’ayo (DR) on 25th August, 2025, I have also perused the Plaint dated 7th February, 2018 and confirm that the claim therein arose from an accident in which the Plaintiff sustained injury while in employment with the Defendant on 7th June, 2019. 2. In view of this, this appeal ought to have been filed in the Employment and Labour Relations Court, which this Court is not, pursuant to the provisions of Article 162 (2)(a) of the Constitution of Kenya, 2010 which creates the Employment and Labour Relations Court as a superior court with the status of a High Court. This is the court with jurisdiction over employment and Labour Relations matters. HCCA NO.E073 OF 2025 RULING - Page 1 of 6 3. Article 162 (2)(a) of the Constitution states that:- (2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to— (a) employment and labour relations. 4. Section 12 (1) of the Employment and Labour Relations Act No.20 of 2011 is the statutory basis that provides for the Employment and Labour Relations Court the jurisdiction to hear and determine’- “disputes relating to employment and labour relations including disputes relating to the application, interpretation, administration and enforcement of any written law relating to labour and employment.” 5. A claim against an employer for an accident at work is initiated under the Work Injury Benefits Act, 2007 (WIBA) as it involves a dispute between an employee and employer form the employment relationship for compensation for disablement, death, medical expenses from an occupational accident or disease. This Act gives the Employment and Labour Relations Court exclusive jurisdiction over claims against employers from work injuries. Section 26 of the Work Injury Benefits Act, 2007 (WIBA) provides that:- HCCA NO.E073 OF 2025 RULING - Page 2 of 6 [26]. Claim for compensation (1)A claim for compensation in accordance with this Act shall be lodged by or on behalf of the claimant in the prescribed manner within twelve months after the date of the accident or, in the case of death, within twelve months after the date of death. (2)If a claim for compensation is not lodged in accordance with subsection (1), the claim for compensation may not be considered under this Act, except where the accident concerned has been reported in accordance with Section 21. (3)If an employer fails to report an accident or to provide information requested by the Director as specified in the request, the Director may— (a)conduct an investigation and recover the cost of the investigation from the employer as a debt due from the employer; or (b)levy a penalty on the employer. (4)An employer or insurer against whom a claim for compensation is lodged by the Director under this section, shall settle the claim within ninety days of the lodging of the claim. HCCA NO.E073 OF 2025 RULING - Page 3 of 6 (5)The Director shall, within thirty days of receipt of the money claimed under subsection (1), pay the money to the employee who made the claim or his dependants. (6)An employer or an insurer who fails to pay the compensation claimed under this subsection commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year or to both. 6. Therefore, if a party is dissatisfied with the decision of the Magistrate’s Court it is the Employment and Labour Relations Court( ELRC) which has jurisdiction under Section 12 of the Employment and Labour Relations Act to hear and determine this appeal. It states:- [12]. Jurisdiction of the Court (1) The Court shall have exclusive original 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 including — (a) disputes relating to or arising out of employment between an employer and an employee; (b) disputes between an employer and a trade union; HCCA NO.E073 OF 2025 RULING - Page 4 of 6 (c) disputes between an employers' organisation and a trade unions organisation; (d) disputes between trade unions; (e) disputes between employer organizations; (f) disputes between an employers' organisation and a trade union; (g) disputes between a trade union and a member thereof; (h) disputes between an employer's organisation or a federation and a member thereof; (i) disputes concerning the registration and election of trade union officials; and (j) disputes relating to the registration and enforcement of collective agreements. 7. Section 12(4) ousts the High Courts’ jurisdiction in matters where the Employment and Labour Relations Court has jurisdiction as a specialized court for employment and labour disputes. (See Republic –vs- Director of Occupational Safety and Health Services & Another, Ex parte John Mwangi). 8. Consequently, having established that the appeal herein emanates forma matter filed under the Work Injury Benefits Act, this Court finds that it has no jurisdiction to hear and determine the appeal. And since there is currently no Employment and Labour Relations Court at the Kiambu or Thika Law Courts, this Court directs that this appeal shall be transferred to HCCA NO.E073 OF 2025 RULING - Page 5 of 6 the Employment and Labour Relations Court at Milimani, Nairobi for directions on hearing and determination. It is so ordered. RULING DATED AND SIGNED THIS 18 TH OF AUGUST , 2026. (TO BE UPLOADED VIA ELECTRONIC MAIL) D. O. CHEPKWONY JUDGE HCCA NO.E073 OF 2025 RULING - Page 6 of 6