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ELRCOtherNot stated in the judgment· [2016] KEELRC 1405 (KLR)

James Alielo v Attorney General [2016] KEELRC 1405 (KLR)

Employment and Labour Relations Court
15 April 2016
LNLINNET NDOLO
487 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 ordered an independent medical board to reassess a disabled ex-soldier's compensation, showing courts can question military disability ratings.

What this practically means

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Executive summary

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The claim was brought by Anthony Shiveka Alielo as next friend of his brother James Alielo, a former Kenya Army serviceman incapacitated after being captured and tortured by alien forces while on assignment in Isiolo on 7th February 2007. James was discharged from service on medical grounds on 23rd September 2009, with the Armed Forces Medical Board recommending a 20% permanent disability allowance, which the Pensions Department confirmed by letter dated 28th January 2011. The Claimant challenged the 20% degree of disability, contending it was inconsistent with the finding that James was unfit to work and would be on medication for life, and sought special damages of Kshs. 9,357 per month, general damages for permanent disability, and an 80% permanent disability allowance backdated to discharge, plus costs and interest. The Respondent denied liability in its Statement of Defence filed on 2nd May 2013, asserting James had been duly compensated. The parties agreed to proceed by written submissions when the matter came up on 26th January 2016. Judge Linnet Ndolo, having reviewed the pleadings and submissions, held that neither the 20% disability allowance decision nor the Claimant's claim for enhancement was adequately supported by evidence. She directed the Respondent to facilitate the setting up of an independent Medical Board of specialists outside the Defence Forces to review James' case and file a full medical report within sixty days, with the final award withheld pending that report. Orders were delivered in open court at Nairobi on 15th April 2016.

Key legal issues

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01

Adequacy of evidence supporting the 20% permanent disability allowance

Holding

Both the 20% award and the claim for its enhancement were found to be inadequately supported by evidence, warranting an independent medical review

Reasoning

The court reviewed the pleadings and submissions and concluded that the Armed Forces Pension Assessment Board's 20% disability award, and the Claimant's contrary claim for 80% enhancement, were both unsupported by sufficient evidence. Rather than deciding on the materials before it, the court directed that an independent Medical Board of specialists outside the Defence Forces review the claimant's condition and report within sixty days, with the final award deferred.

p. 2

Legal principles established

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  • Where the court finds that neither the disability award nor the claim for its enhancement is adequately supported by evidence, it may direct an independent medical review before making a final award

Court orders

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  1. 1.The Respondent to facilitate the setting up of an independent Medical Board made up of specialists outside the Defence Forces to review James' case and submit a full medical report to the Court within sixty (60) days from the date of the ruling
  2. 2.The final award of the Court withheld pending receipt of the medical report
Jurisdiction invoked
Not expressly stated in the judgment; the claim concerns the employment and discharge of a serviceman of the Kenya Army

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "James Alielo v Attorney General [2016] KEELRC 1405 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1405/eng@2016-04-15

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