[2022] KEELRC 14731 (KLR)
The court held that the subordinate court correctly stated the position regarding its jurisdiction to entertain work injury claims that were pending before the courts, relying on the principle of legitimate expectation as guided by the Supreme Court. The Supreme Court had upheld the Court of Appeal's decision...
Source-derived case information.
- Citation
- [2022] KEELRC 14731 (KLR)
- Parties
- Applicant: Ken-Knit Kenya Ltd; Respondent: Obwari Obwoge
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause E020 of 2021
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Work Injury Benefits, Jurisdiction of Subordinate Courts, Principle of Legitimate Expectation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ken-Knit Kenya Ltd
Applicant
Obwari Obwoge
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the subordinate court had jurisdiction to hear and determine work injury claims filed before the Court of Appeal decision overturning Justice Ojwang's judgment.
- 2 Whether a stay of proceedings and delivery of judgment should be granted pending appeal in light of the Supreme Court's guidance on pending WIBA matters.
Ratio Decidendi
The court held that the subordinate court correctly stated the position regarding its jurisdiction to entertain work injury claims that were pending before the courts, relying on the principle of legitimate expectation as guided by the Supreme Court. The Supreme Court had upheld the Court of Appeal's decision overturning Justice Ojwang's judgment but directed that matters already pending before the courts, and filed in reliance on the earlier position, should proceed to conclusion. The Employment and Labour Relations Court, being bound by the decisions of superior courts, could not rule differently. Consequently, the application for stay of proceedings and delivery of judgment was found...
Court Disposition
application dismissed with costs
Orders
- The application dated 4th October, 2021 is dismissed with costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT ELDORET
CAUSE NO. E020 OF 2021
KEN -KNIT KENYA LTD.....................................................................................CLAIMANT
VERSUS
OBWARI OBWOGE..........................................................................................RESPONDENT
RULING
1. The motion dated 4th October, 2021 seeks orders among others that there be a stay of proceedings and delivery of judgment in respect of Eldoret CMMC No. 877 of 2017 pending hearing and determination of the intended appeal to this Court.
2. The application was premised on the ground that the Subordinate Court delivered a ruling on 26th February, 2021 dismissing the applicant’s application dated 27th February, 2020 in which the applicant raised a preliminary to the jurisdiction of the subordinate Court to hear and determine and or deliver judgment in work injury claims.
3. The Lower Court (Hon. E. Kigen) in her ruling dismissing the objection stated that the suit in question was filed on 17th when the Court had jurisdiction as per the High Court’s decision in Petition No. 185 of 2008. Guided by the above, the Supreme Court gave the directions that matters pending before the Court and based on the principle of legitimate expectation do proceed through the judicial process.
4. The learned Magistrate in my view correctly stated the position regarding jurisdiction to entertain WIBA matters that were pending before the Courts in reliance to Hon. Justice Ojwang’s judgment which was subsequently overturned by the Court of Appeal. The decision of the Court of Appeal has since been upheld by the Supreme Court with the guidance that matters pending before the Courts based on Justice Ojwang’s decision do proceed to conclusion under the principle of legitimate expectation.
5. If this be the issue intended to be canvassed in the intended appeal, then Counsel already knows the outcome of such appeal. This Court is bound by the decisions of Court’s superior to it. That is to say Court of Appeal and the Supreme Court. It cannot rule differently.
6. In the circumstance, the application is found without merit and is hereby dismissed with costs.
7. It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 30TH DAY OF MARCH, 2022
ABUODHA NELSON JORUM
JUDGE ELRC