[2022] KEELRC 3856 (KLR)
The court held that it lacked jurisdiction to enforce awards made by the Director of Occupational Safety and Health under the Work Injury Benefits Act. Its jurisdiction is strictly appellate as provided under section 52(2) of the Act. The application to adopt the director's assessment as a judgment of the court was...
Source-derived case information.
- Citation
- [2022] KEELRC 3856 (KLR)
- Parties
- Applicant: Margaret Wanjiku Kaniu (Suing as Legal Representative of the Estate of Nehemiah Mwangi Kamau); Respondent: Multiple Hauliers [EA] Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E083 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- application declined for want of jurisdiction
- Judges
- J Rika
- Legal Topics
- Work Injury Benefits, Jurisdiction of Elrc, Enforcement of Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wanjiku Kaniu (Suing as Legal Representative of the Estate of Nehemiah Mwangi Kamau)
Applicant
Multiple Hauliers [EA] Limited
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to enforce awards made by the Director of Occupational Safety and Health under the Work Injury Benefits Act.
- 2 Whether the applicant's request for adoption of the director's assessment as a judgment of the court is tenable.
Ratio Decidendi
The court held that it lacked jurisdiction to enforce awards made by the Director of Occupational Safety and Health under the Work Injury Benefits Act. Its jurisdiction is strictly appellate as provided under section 52(2) of the Act. The application to adopt the director's assessment as a judgment of the court was therefore declined for want of jurisdiction.
Court Disposition
application declined for want of jurisdiction
Orders
- The application is declined for want of jurisdiction.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Kaniu (Suing as Legal Representative of the Estate of Nehemiah Mwangi Kamau) v Multiple Hauliers [EA] Limited (Miscellaneous Cause E083 of 2022) [2022] KEELRC 3856 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEELRC 3856 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Cause E083 of 2022
J Rika, J
July 29, 2022
Between
Margaret Wanjiku Kaniu
Applicant
Suing as Legal Representative of the Estate of Nehemiah Mwangi Kamau
and
Multiple Hauliers [Ea] Limited
Respondent
Ruling
1. Invoking section 12 of the Employment and Labour Relations Court Act, and order 51 of the Civil Procedure Court Rules, 2010, the applicant asks the court to adopt as its own judgment, an assessment made in her favour, by the director of occupational safety and health.
2. The application is founded on the affidavit of the applicant sworn on May 23, 2022.
The court finds:- 3. The jurisdiction of this court under the Work Injury Benefits Act, Cap 236 the Laws of Kenya, is very limited. It does not include enforcement of awards made by the director of occupational safety and health.
4. The jurisdiction of this court is confined to section 52[ 2] of the act, which is an appellate jurisdiction.
It is ordered:-a.The application is declined for want of jurisdiction.b.No order on the costs.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT CHAKA, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 29TH DAY OF JULY 2022. James RikaJudge