[2021] KEHC 2500 (KLR)
The court held that it lacked jurisdiction to hear and determine the work injury claim as filed, in light of the provisions of the Work Injury Benefits Act which mandate that such claims be handled in the first instance by the Director of Occupational Safety and Health Services. However, rather than striking out the...
Source-derived case information.
- Citation
- [2021] KEHC 2500 (KLR)
- Parties
- Plaintiff: Wafula Barasa Khaemba; Plaintiff: Luka Mulongo Wechuli; Plaintiff: Geoffrey Lukalamu Livoi; Defendant: West Kenya Sugar Co. Ltd
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 5 of 2017
- Procedural Posture
- Civil Suit / Ruling on Preliminary Objection
- Outcome
- transferred to employment and labour relations court
- Judges
- SN Riechi
- Legal Topics
- Work Injury Benefits Act, Jurisdiction of Courts, Transfer of Suit, Employment Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wafula Barasa Khaemba
Plaintiff
Luka Mulongo Wechuli
Plaintiff
Geoffrey Lukalamu Livoi
Plaintiff
West Kenya Sugar Co. Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine a work injury claim filed under the Work Injury Benefits Act.
- 2 Whether the matter should be struck out or transferred to the appropriate court.
Ratio Decidendi
The court held that it lacked jurisdiction to hear and determine the work injury claim as filed, in light of the provisions of the Work Injury Benefits Act which mandate that such claims be handled in the first instance by the Director of Occupational Safety and Health Services. However, rather than striking out the suit, the court found that the interests of justice would be better served by transferring the matter to the Employment and Labour Relations Court, which is the appropriate forum for such disputes. The court relied on the principle that jurisdiction is everything and cited the Lillian S case, emphasizing that a court must not proceed where it lacks jurisdiction.
Court Disposition
transferred to employment and labour relations court
Orders
- This matter is hereby transferred to the Bungoma Employment and Labour Relations Court for hearing and final determination.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2017
WAFULA BARASA KHAEMBA..............................................1ST PLAINTIFF
LUKA MULONGO WECHULI...............................................2ND PLAINTIFF
GEOFFREY LUKALAMU LIVOI..........................................3RD PLAINTIFF
VERSUS
WEST KENYA SUGAR CO. LTD................................................DEFENDANT
RULING
The plaintiffs sued the defendant by way of plaint dated 19th June, 2017 describing themselves as the defendant’s employees who were injured in the course of employment when the defendant’s tractor driven by the 1st defendant got a tyre burst while transporting the defendant’s sugarcane along Kitale-Kamukuywa road. The 2nd and 3rd defendants were employed as sugar cane loaders.
Upon the tractor’s tyre bursting, the plaintiffs sustained injuries and are seeking general and special damages as well as costs and interest for pain and suffering.
The defendant filed its defence denying ever employing the 2nd and 3rd defendants and attributed the occurrence of the accident to the defendants’ negligence. The defendant also denied the jurisdiction of the court.
The defendant subsequently filed a Preliminary Objection dated 18th March, 2020 in terms;
1. This court has no jurisdiction to entertain, hear and or determine the matter herein pursuant to the provisions of Section 16, 23(1) and 52 of the Work Injury Benefits Act.
2. The suit having been filed in the year 2017 was filed during the subsistence of the Work Injury Benefits Act and not the Workmen’s Compensation Act and/or common law and therefore the operative law herein is the Work Injury Benefits Act which mandates that litigation related to work injuries should be handled in the first instance by the Director of Occupation Safety and Health Services and not the honourable court.
The Preliminary Objection was disposed of by way of written submissions. The plaintiffs did not file theirs despite being given time.
The sole issue arising here is that of jurisdiction. Whether the suit as filed ought to proceed to hearing before this court or be struck out for want of jurisdiction. It is trite law that jurisdiction is everything. Without it, the court ought not to take any further step. See Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] eKLR where Nyarangi JA held;
Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law down tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.
Having considered the provisions of Sections 16, 23 and 52 of the Work Injury benefits Act, the defendant’s submissions as well as the case law cited, the court is of the considered view that the interest of justice will be better served if this matter is transferred to the Employment and Labour relations Court for disposal.
For the foregoing reasons, this matter is hereby transferred to the Bungoma Employment and Labour Relations Court for hearing and final determination. There shall be no order as to costs.
DATED AT BUNGOMA THIS 3RD DAY OF NOVEMBER, 2021
S. N. RIECHI
JUDGE