[2009] KEHC 3824 (KLR)

[2009] KEHC 3824 (KLR)

The court found that the retrospective application of the Work Injury Benefits Act, 2007 to claims pending before its commencement, as provided by section 58(2), had been declared unconstitutional and null and void by the High Court in Nairobi High Court Petition No. 185 of 2008. The court agreed with and adopted the reasoning and findings of Ojwang', J in that case, noting that the judgment had not been overturned on appeal. Consequently, the Defendant's application to stay proceedings and transfer the claim to the Director of Occupational Safety and Health Services under the Act was dismissed. The court directed that the hearing of the suit should proceed to its logical conclusion.

Citation
[2009] KEHC 3824 (KLR)
Parties
Plaintiff: George Onyango Oyoo; Defendant: Securicor Security Services (K) Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 May 2009
Case Number
Civil Case 815 of 2005
Procedural Posture
Civil Case / Ruling on Defendant's Amended Notice of Motion Seeking Stay and Transfer of Claim Under the Work Injury Benefits Act, 2007
Outcome
Defendant's amended notice of motion dismissed. Suit to proceed to hearing.
Legal Topics
Work Injury Benefits Act Application, Retrospective Legislation, Constitutional Validity of Statutes, Employee Compensation, Stay of Proceedings
Source Language
English
Civil Procedure Employment and Labour Work Injury Benefits Act Application Retrospective Legislation Constitutional Validity of Statutes Employee Compensation Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

George Onyango Oyoo

Plaintiff

Securicor Security Services (K) Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Defendant's Amended Notice of Motion Seeking Stay and Transfer of Claim Under the Work Injury Benefits Act, 2007

Legal Issues

  1. 1 Whether the Work Injury Benefits Act, 2007 applies retrospectively to claims pending before its commencement.
  2. 2 Whether the retrospective application of the Act is constitutional.
  3. 3 Whether the Defendant's application to stay proceedings and transfer the claim to the Director of Occupational Safety and Health Services should be granted.

Ratio Decidendi

The court found that the retrospective application of the Work Injury Benefits Act, 2007 to claims pending before its commencement, as provided by section 58(2), had been declared unconstitutional and null and void by the High Court in Nairobi High Court Petition No. 185 of 2008. The court agreed with and adopted the reasoning and findings of Ojwang', J in that case, noting that the judgment had not been overturned on appeal. Consequently, the Defendant's application to stay proceedings and transfer the claim to the Director of Occupational Safety and Health Services under the Act was dismissed. The court directed that the hearing of the suit should proceed to its logical conclusion.

Court Disposition

Defendant's amended notice of motion dismissed. Suit to proceed to hearing.

Orders

  • The Defendant's amended notice of motion dated 27th June, 2008 is dismissed.
  • Hearing of the suit to proceed to its logical conclusion.