[2024] KEHC 1168 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine the appeal, as the substantive issues pertain to an accident and personal injury claim arising from an employment relationship. Such matters fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC). The court...
Source-derived case information.
- Citation
- [2024] KEHC 1168 (KLR)
- Parties
- Appellant: James Alia Sagaram; Respondent: Joy Wasirimba; Respondent: China Railways Engineering Ltd
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E002 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Forum
- Outcome
- Case transferred to the Employment and Labour Relations Court (ELRC) for want of jurisdiction.
- Judges
- RN Nyakundi
- Legal Topics
- Workplace Accident, Employer Duty of Care, Personal Injury Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Alia Sagaram
Appellant
Joy Wasirimba
Respondent
China Railways Engineering Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Forum
Legal Issues
- 1 Whether the High Court is the proper forum to determine an appeal involving workplace accident and personal injury claims.
- 2 Whether the duty of care between employer and employee is central to the dispute.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine the appeal, as the substantive issues pertain to an accident and personal injury claim arising from an employment relationship. Such matters fall within the exclusive jurisdiction of the Employment and Labour Relations Court (ELRC). The court therefore directed that the case file be transferred to the Deputy Registrar of the ELRC at Eldoret for further directions, as the proper forum for adjudicating employer-employee workplace injury disputes.
Court Disposition
Case transferred to the Employment and Labour Relations Court (ELRC) for want of jurisdiction.
Orders
- The case file is to be placed before the Deputy Registrar ELRC at Eldoret for directions.
- A status conference before the Deputy Registrar is scheduled for 19th February, 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Sagaram v Wasirimba & another (Civil Appeal E002 of 2022) [2024] KEHC 1168 (KLR) (12 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1168 (KLR)
Republic of Kenya
In the High Court at Lodwar
Civil Appeal E002 of 2022
RN Nyakundi, J
February 12, 2024
Between
James Alia Sagaram
Appellant
and
Joy Wasirimba
1st Respondent
China Railways Engineering Ltd
2nd Respondent
Ruling
Coram: Before Justice R NyakundiMunyaga Githaiga Advocates LLPPG Kaingu & Co. Advocates 1. This matter has been pending before this court for a determination of the issues raised in the memorandum of appeal. In the interim both counsels tendered written submissions for and against the appeal. However, in the course of preparing the draft judgment it came to the courts attention that the substantive prayers sought by the appellant touch on accident and personal injury claim within the scope of the duty of care in the work place. Such that to be awarded compensation for an accident being alleged in the main suit the employer and employee duty of care is one of the predominate issue to be considered by the court. Essentially, the subject matter of this appeal is for liability and recovery of the physical injury suffered by the appellant. I hold the view therefore, that this court is not the proper forum for that cause of action.
2. The upshot of it being that the case file be placed before the Deputy Registrar ELRC at Eldoret to have a suitable date taken by the parties to facilitate directions mutually agreeable to both counsels. The statutes conference before the Deputy Registrar be and is hereby scheduled for the 19th February, 2024.
DATED SIGNED AND DELIVERED THIS 12TH DAY OF FEBRUARY, 2024R. NYAKUNDIJUDGE