[2021] KEHC 611 (KLR)
The court found that it has no jurisdiction to entertain appeals arising from WIBA claims, as previously determined in a reasoned judgment by Hon. Mr. Justice Musyoka. The present application for stay disregarded that binding jurisdictional finding. The court emphasized that repeated applications challenging settled...
Source-derived case information.
- Citation
- [2021] KEHC 611 (KLR)
- Parties
- Appellant: West Kenya Sugar Co. Limited; Respondent: Titus Chivuyi Muleka
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 29 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay
- Outcome
- application dismissed with costs
- Judges
- BA Mitullah
- Legal Topics
- Workplace Injury, Wiba 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
Titus Chivuyi Muleka
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine WIBA claims on appeal.
- 2 Should the application for stay be granted in light of previous jurisdictional rulings.
Ratio Decidendi
The court found that it has no jurisdiction to entertain appeals arising from WIBA claims, as previously determined in a reasoned judgment by Hon. Mr. Justice Musyoka. The present application for stay disregarded that binding jurisdictional finding. The court emphasized that repeated applications challenging settled jurisdictional issues are improper and border on contempt. Consequently, the application was dismissed with costs to uphold the integrity of the court's prior rulings and to prevent abuse of process.
Court Disposition
application dismissed with costs
Orders
- The application for stay is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 29 OF 2019
WEST KENYA SUGAR CO. LIMITED ............................................................ APPELLANT
VERSUS
TITUS CHIVUYI MULEKA ............................................................................ 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. n 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