[2021] KEHC 603 (KLR)
The court determined that it has no jurisdiction to entertain WIBA claims, as previously explained in reasoned judgments by Hon. Mr. Justice Musyoka. The applications for stay, brought despite clear prior rulings on the jurisdictional issue, were found to be without merit and bordering on contempt. The court...
Source-derived case information.
- Citation
- [2021] KEHC 603 (KLR)
- Parties
- Appellant: West Kenya Sugar Co. Limited; Respondent: Alex Kadenge Malongo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 1 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay
- Outcome
- applications dismissed with costs
- Judges
- BA Mitullah
- Legal Topics
- Workplace Injury, Wiba Jurisdiction, Court Jurisdiction, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
West Kenya Sugar Co. Limited
Appellant
Alex Kadenge Malongo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine claims arising under the Work Injury Benefits Act (WIBA).
- 2 Whether the applications for stay should be granted in light of previous decisions on jurisdiction.
Ratio Decidendi
The court determined that it has no jurisdiction to entertain WIBA claims, as previously explained in reasoned judgments by Hon. Mr. Justice Musyoka. The applications for stay, brought despite clear prior rulings on the jurisdictional issue, were found to be without merit and bordering on contempt. The court therefore dismissed the applications with costs, reiterating that the High Court cannot adjudicate WIBA matters.
Court Disposition
applications dismissed with costs
Orders
- The applications for stay are dismissed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 1 OF 2019
WEST KENYA SUGAR CO. LIMITED......................................... APPELLANT
VERSUS
ALEX KADENGE MALONGO...................................................RESPONDENT
R U L I N G A N D O R D E R
1. This is one of a series of suits regarding the same accident/incident. It is in respect of claims for an injury at work. In short it is a WIBA claim. It is settled law that the High Court has no jurisdiction to deal with WIBA claims. The approach taken has been either to transfer an appeal or dismiss it. Each Judge has made a decision based on the facts before him/her.
2. In this case and the other associated cases, Hon. Mr. Justice Musyoka did not summarily dismiss the cases. Instead he went to the trouble of delivering a reasoned judgment explaining why he had no jurisdiction.
3. It is clear from the several applications – seeking a stay that the Applicant and/or its Legal Advisors have not paid an iota of attention to those decisions.
4. These Applications fly in the face of that decision in a way that borders on contempt.
5. In the circumstances this Court has no option but to dismiss the applications with costs.
Order accordingly,
FARAH S. M. AMIN
JUDGE
SIGNED, AND DELIVERED IN KAKAMEGA THIS THE 4TH DAY OF OCTOBER 2021.
In the Presence of
Court Assistant: Wasilwa
Appellant: Ms. Lukasile for Appellant on line using the teams platform
Respondent: Mr. Abok for the Respondents on line using the teams platform