[2024] KEELRC 1449 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to enforce awards made by the Director under the Work Injury Benefits Act, as its jurisdiction is limited to hearing appeals under section 52(2) of the Act. There is no statutory provision, including Section 12 of the Employment and Labour Relations Court...
Source-derived case information.
- Citation
- [2024] KEELRC 1449 (KLR)
- Parties
- Applicant: Stephen Mutua Mbindyo; Respondent: China Communication Construction Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E257 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Enforcement Application
- Outcome
- application declined for want of jurisdiction
- Judges
- J Rika
- Legal Topics
- Work Injury Benefits, Enforcement of Awards, Jurisdiction of Elrc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mutua Mbindyo
Applicant
China Communication Construction Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Enforcement Application
Legal Issues
- 1 Does the Employment and Labour Relations Court have jurisdiction to enforce awards made by the Director under the Work Injury Benefits Act?
- 2 Can the Applicant rely on Section 12 of the Employment and Labour Relations Court Act or Sections 26 and 51 of the Work Injury Benefits Act for enforcement of the Director's award?
Ratio Decidendi
The Employment and Labour Relations Court lacks jurisdiction to enforce awards made by the Director under the Work Injury Benefits Act, as its jurisdiction is limited to hearing appeals under section 52(2) of the Act. There is no statutory provision, including Section 12 of the Employment and Labour Relations Court Act or Sections 26 and 51 of the Work Injury Benefits Act, that empowers the Court to enforce such awards. Adopting the Director's award as a decree of the Court would be inconsistent with the Court's appellate jurisdiction, as such a decree would itself be appealable to the same Court. Therefore, the application for enforcement is declined for want of jurisdiction.
Court Disposition
application declined for want of jurisdiction
Orders
- The Miscellaneous Application filed herein is declined for want of jurisdiction.
- No order on the costs.
Full Case Text
Judgment text and source record
19 paragraphs
Mbindyo v China Communication Construction Limited (Miscellaneous Application E257 of 2023) [2024] KEELRC 1449 (KLR) (14 June 2024) (Ruling)
Neutral citation: [2024] KEELRC 1449 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E257 of 2023
J Rika, J
June 14, 2024
Between
Stephen Mutua Mbindyo
Applicant
and
China Communication Construction Limited
Respondent
Ruling
1. The Applicant seeks enforcement of an award in the sum of Kshs 746,873, granted in his favour by the Director, Work Injury.
2. He invokes Section 12 of the Employment and Labour Relations Court Act, and Sections 26 and 51 of the Work Injury Benefits Act, and any other provision of the law, in seeking enforcement.
3. In Lameck Nyakundi Anyona v. W.J.J. Kenya Construction Limited [2022] e-KLR, this Court held that its jurisdiction under the Work Injury Benefits Act, is limited to Appeals, under section 52 [2]. There is no jurisdiction to enforce awards of the Director, under Sections 26 and 51 of the Act, invoked by the Applicant. Neither is there an enforcement provision, under Section 12 of the Employment and Labour Relations Court Act. There is no other written law, extending jurisdiction to this Court, that would enable the Court to enforce awards of the Director. The adoption by the Court of such an award, would mean that the award becomes a decree of the Court, which would be inconsistent with the jurisdiction of the Court, as an appellate body, to which such decree is appealable.
IT IS ORDERED: -a.The Miscellaneous Application filed herein is declined for want of jurisdiction.b.No order on the costs.
Dated, signed and released to the Parties electronically at Nairobi, under Practice Direction 6[2] of the Electronic Case Management Practice Directions, 2020, this 14th day of June 2024. James RikaJudge2