[2022] KEELRC 1631 (KLR)
The Employment and Labour Relations Court lacks jurisdiction to enforce or adopt as its judgment an award made by the Director of Work Injury. Its role under the Work Injury Benefit Act is limited to hearing appeals from such awards. Furthermore, the invocation of the Civil Procedure Act and Rules is misplaced in...
Source-derived case information.
- Citation
- [2022] KEELRC 1631 (KLR)
- Parties
- Applicant: Felix Mabeya Orori; Respondent: Great Yaduo Industry Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E232 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Enforcement Application
- Outcome
- application declined
- 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
Felix Mabeya Orori
Applicant
Great Yaduo Industry 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 of Work Injury?
- 2 Are the Civil Procedure Rules and Act applicable to proceedings before the Employment and Labour Relations Court in this context?
- 3 Can an application be filed simultaneously in both the High Court and the Employment and Labour Relations Court?
Ratio Decidendi
The Employment and Labour Relations Court lacks jurisdiction to enforce or adopt as its judgment an award made by the Director of Work Injury. Its role under the Work Injury Benefit Act is limited to hearing appeals from such awards. Furthermore, the invocation of the Civil Procedure Act and Rules is misplaced in this context, as these provisions do not apply to proceedings before the Employment and Labour Relations Court for enforcement of Work Injury awards. The application was also procedurally defective, having been filed in both the High Court and the Employment and Labour Relations Court, which is impermissible. Accordingly, the application was declined.
Court Disposition
application declined
Orders
- The application is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
21 paragraphs
Orori v Great Yaduo Industry Limited (Miscellaneous Application E232 of 2021) [2022] KEELRC 1631 (KLR) (27 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 1631 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E232 of 2021
J Rika, J
May 27, 2022
Between
Felix Mabeya Orori
Applicant
and
Great Yaduo Industry Limited
Respondent
Ruling
1. The Applicant, invoking Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B and 3A of the Civil Procedure Act, and all enabling provisions of the law, seeks to enforce the balance of Kshs. 342,796, in an award made in his favour, by the Director of Work Injury.
2. The Application is founded on the Affidavit sworn by the Applicant on 6th December 2021. It is opposed through the Affidavit of the Respondent’s Director, Jianjun Chen, sworn on 11th February 2022.
3. It was agreed by the Parties that the Application is considered and determined on the strength of these Affidavits and Submissions. The Applicant filed his Submissions dated 18th February 2022, while none have been filed by the Respondent.
The Court Finds: - 4. The Rules and Sections of the Civil Procedure Act, invoked in presentation of this Application, have no application in the proceedings of the Employment and Labour Relations Court.
5. The Application is indicated as having been filed at 2 different Courts, the High Court, and the Employment and Labour Relations Court, both at Nairobi. An Application cannot be filed in 2 separate jurisdictions.
6. The Employment and Labour Relations Court, has only an appellate jurisdiction, under the Work Injury Benefit Act. It does not have jurisdiction to adopt as its Judgments, awards of the Director of Work Injury. It can only entertain appeals from such awards, and give Judgments on appeal.It is ordered: -a.The Application is declined.b.No order on the costs.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 27TH DAY OF MAY 2022. JAMES RIKAJUDGE