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ELRCDismissedMotion dated 22 January 2015 (ELRC, Nakuru)· [2015] KEELRC 1442 (KLR)

Hadisha Engineering Co. Ltd & another v Benson Chege Karoki [2015] KEELRC 1442 (KLR)

Employment and Labour Relations Court
20 February 2015
RSRadido Stephen
884 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to extend time for appealing a workplace injury assessment because the employer gave no explanation for missing statutory deadlines.

What this practically means

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Executive summary

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Benson Chege Karoki (Respondent) was injured in the workplace on 15 March 2013 while employed by Hadisha Engineering Co. Ltd. A series of medical assessments followed: Dr. Mukua Milton assessed 28% permanent incapacity (May 2013), a second assessment by Dr. George Mugenya found only 6% incapacity, and after a referral by the Chief Occupational Safety and Health Officer at Naivasha, a three-doctor Medical Evaluation Board assessed 30% incapacity on 18 June 2014, on which basis the Director assessed compensation at Kshs 1,513,512/-. The Respondent had earlier acknowledged receipt of Kshs 216,720/- as full and final settlement in December 2013, and subsequently commenced enforcement proceedings in Naivasha CMCC Misc. Civil Application No. 12 of 2014. The applicants then moved this Court seeking stay of the enforcement proceedings, extension of time to appeal against the Medical Evaluation Board decision, and alternatively a declaration that the Respondent, having been compensated, could not claim further compensation. The Court identified the extension of time prayer as the substantive one. Applying section 51 of the Work Injury Benefits Act, it noted objections were due within 60 days of the Director's decision (by 23 August 2014) and any appeal within 30 days of the Director's answer (by 22 September 2014). The applicants' application was filed on 23 January 2015 with no explanation for the delay. The Court refused the extension; the stay and alternative declaration consequently served no purpose and were refused, without determining the Respondent's ancillary objections, including the competence of the 2nd applicant. The motion dated 22 January 2015 was dismissed with no order as to costs.

Key legal issues

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01

Entitlement to extension of time to appeal the Medical Evaluation Board decision

Holding

Extension refused because the applicants gave no explanation for the inordinate delay

Reasoning

The Board returned its assessment on 18 June 2014, the Director assessed compensation on 24 June 2014, objections were due by 23 August 2014 and an appeal by 22 September 2014. The application was filed on 23 January 2015 with no explanation in the supporting affidavit of Ruth Monyangi for the delay. Without an explanation, the Court declined to exercise any discretion to enlarge time, and the ancillary prayers (stay and declaration) fell away for want of utility.

p. 2
02

Whether the Work Injury Benefits Act confers power on the Court to enlarge time for an objection or appeal

Holding

The Respondent argued there was no such statutory provision and that any extension application should have been made to the Director; the Court did not find it necessary to determine this ancillary issue

Reasoning

The Respondent submitted that the Act contained no provision granting the Court power to enlarge time to bring an objection or appeal, and that any such application should have been made to the Director. The applicants relied on the Court's inherent power and section 20 of the Employment and Labour Relations Court Act. Because the extension prayer failed on the unexplained delay, the Court did not resolve the jurisdictional argument.

p. 2

Legal principles established

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  • Under section 51 of the Work Injury Benefits Act objections to the Director's decision must be lodged within 60 days, the Director must answer in 14 days, and any appeal to the Court must be lodged within 30 days of the answer
  • A party seeking extension of time must explain the delay; unexplained delay disentitles the party to the extension

Court orders

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  1. 1.The motion dated 22 January 2015 is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Work Injury Benefits Actsection 51
  • Employment and Labour Relations Court Actsection 20
Jurisdiction invoked
Sections 51 and 52 of the Work Injury Benefits Act; section 20 of the Employment and Labour Relations Court Act (invoked by applicants)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Hadisha Engineering Co. Ltd & another v Benson Chege Karoki [2015] KEELRC 1442 (KLR)", Case Analysis (2015). Motion dated 22 January 2015 (ELRC, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1442/eng@2015-02-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.