[2019] KEHC 10858 (KLR)
The High Court lacks jurisdiction to hear and determine appeals relating to work injury disputes. Jurisdiction over such matters is vested in the Employment and Labour Relations Court, following the declaration of unconstitutionality of Section 16 of the Work Injury Benefits Act and subsequent judicial...
Source-derived case information.
- Citation
- [2019] KEHC 10858 (KLR)
- Parties
- Appellant: Intcoin Africa Limited; Respondent: Joachim Mutisya Nduva
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 155 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- appeal dismissed for want of jurisdiction
- Judges
- BC Koech
- Legal Topics
- Jurisdiction of Court, Work Injury Benefits, Transfer of Suits, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Intcoin Africa Limited
Appellant
Joachim Mutisya Nduva
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an appeal relating to a work injury dispute.
- 2 Whether the appeal should be transferred to the Employment and Labour Relations Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals relating to work injury disputes. Jurisdiction over such matters is vested in the Employment and Labour Relations Court, following the declaration of unconstitutionality of Section 16 of the Work Injury Benefits Act and subsequent judicial interpretation. Any proceedings conducted by a court without jurisdiction are a nullity. The High Court, therefore, cannot entertain or transfer the appeal, and the only lawful course is to dismiss it for want of jurisdiction.
Court Disposition
appeal dismissed for want of jurisdiction
Orders
- The appeal is dismissed.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL APPEAL NO. 155 OF 2015
INTCOIN AFRICA LIMITED.......................................APPELLANT
VERSUS
JOACHIM MUTISYA NDUVA...................................RESPONDENT
RULING OF THE COURT
1. This ruling relates to an appeal that was filed on 28th August, 2017 in this court.
2. The issue for determination is whether the court has jurisdiction to entertain the appeal.
3. In addressing the appeal, I deemed it necessary to examine the issue of jurisdiction in extenso.
4. It is not contested that the dispute relates to a work injury and there have been considerable developments with regard to the law that governs such disputes that ought not to be ignored.
5. The guiding principles to all courts is that where a suit is filed in a court that lacks jurisdiction to hear and determine the suit, then the suit would be deemed a nullity as per the decision of Nyarangi J A in the case of OWNERS OF MOTOR VESSEL “LILIAN S” VS CALTEX OIL (K) LTD [1989] KLR 1that:-
“Jurisdiction is everything without which a court of law has no power to make one more step where a court of law has no jurisdiction there would be no basis for a continuation of proceedings pending other evidence. A Court of law downs its tools in respect of the matter the moment it holds the opinion that it is without jurisdiction.”
6. In the case of Law Society of Kenya v Attorney General & Another (2009) eKLR, Section 16 of the Work Injury Benefits Act that barred actions for recovery of damages for occupational accident except as provided for by the Act was declared unconstitutional by Judge J.B Ojwang. The consequence thereof is that appeals in relation to work injuries are handled by the Employment and Labour Relations Court and it is patently clear from the interpretations of this case and I find that this court had no jurisdiction to entertain the appeal in the first place. This was observed in the case of Saidi Mohammed v Diamond Industries Ltd (2018) eKLR where the court observed that the Employment and Labour Relations Court has appellate jurisdiction in disputes relating to work injury.
7. The overriding objective of the Civil Procedure Act and Rules made thereunder is to facilitate the just, expeditious, proportionate and or affordable resolution of civil disputes governed by the Act. In the furtherance of this overriding objective, the courts are mandated to ensure the just determination of proceedings, efficient disposal of business of the court, the efficient use of available judicial and administrative resources and the timely disposal of proceedings at a cost affordable by the respective parties.
8. I find that it is not the function of this court to entertain any appeal in disputes relating to work injury, however it would be just, convenient and fair to let the case now pending judgement before this court to be transferred to the Employment and Labour Relations Court. Nevertheless I have no such powers to transfer the suit because this court is not clothed with the jurisdiction to entertain the appeal in the first place.
9. In the result the appeal is dismissed. Each party to bear their own costs.
It is so ordered.
Dated and delivered Court at Machakos this 24th day of January, 2019.
D.K. KEMEI
JUDGE