Ibrahim Tanga Nandeli v N. K. Bhatia & Another [2016] KEELRC 435 (KLR)
The bottom line
#A Kenyan court ruled that work injury appeals belong in the Employment and Labour Relations Court, and a consent transfer order can only be undone by the court that made it.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over appeals from magistrates' courts in work-injury road traffic accident claims
The court has appellate jurisdiction under section 18 of the Employment and Labour Relations Act because the injuries arose in the course of employment
The suit pleaded that the plaintiff was employed by the 2nd Defendant and injured in the course of employment aboard the employer's motor vehicle. The applicable regime at the time was the Workmen's Compensation Act (repealed), which covered injuries sustained in the course of employment and permitted claims under both the Act and common law. Section 52(2) of the Work Injury Benefits Act places work injury appeals in this Court. The Samuel Kamau Macharia decision cited by the applicant actually supported the appellant's case.
Competence of the application to set aside or review a consent transfer order
The application was incompetent: review or setting aside of a consent order lies only in the court that made it, and the orders had not been extracted
The transfer to the Industrial Court was effected by a consent order recorded before Mrima J in the High Court at Kakamega. Both review and setting aside can only be done by the court in which the orders were made; the orders had not been extracted, so the application was made in the wrong court. No grounds justifying setting aside the consent order, such as fraud, collusion or misapprehension, were alleged.
Legal principles established
#- A consent order has contractual effect and can only be set aside or varied on grounds which would justify setting aside a contract, and only by the court that made it
Court orders
#- 1.The application dated 27th February 2016 is dismissed
- 2.Costs of the application to the appellant
- On appeal from
- Chief Magistrate's Court (Mumias)
- Mumias SRMCC No.156 of 2005
- Jurisdiction invoked
- Section 18 of the Employment and Labour Relations Act; section 52(2) of the Work Injury Benefits Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ibrahim Tanga Nandeli v N. K. Bhatia & Another [2016] KEELRC 435 (KLR)", Case Analysis (2016). Kakamega Civil Appeal No.142 of 2011 (transferred from Mumias SRMCC No.156 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/435/eng@2016-09-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.