Katherine Wairimu Ndungu (suing as administrator of the Estate of Francis Ndungu Githinji) v Kirinyga Construction Company Limited [2018] KEELRC 1341 (KLR)
The bottom line
#Kenya's Employment Court confirmed that an employer who ignores a Labour Officer's compensation award and fails to appeal it must pay, with years of accumulated interest.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Employment and Labour Relations Court over the work injury claim
The claim was properly before the Court, though it should have been lodged as an objection under Section 52 of WIBA; the accident having occurred in July 2007 under the Workman Compensation Act, the Industrial Court acquired appellate jurisdiction under WIBA.
The accident predated WIBA, so the Workman Compensation Act applied and the Magistrate's Court would originally have been the correct forum. Upon WIBA's enactment, the Industrial Court acquired appellate jurisdiction over the Director's decisions under Sections 51 and 52. The matter was reported to the Director who assessed compensation, so it rightfully belonged before this Court, and the mislabelling as a claim rather than an objection was not fatal.
Whether the deceased was an employee of the Respondent and died in the course of duty
The employment relationship was established through RW2's evidence, and the deceased died in an accident whilst on duty, entitling the estate to compensation.
The Respondent denied the employment relationship, but RW2's evidence established it. On how the accident occurred, the only eyewitness's initial statement to the insurance investigator never mentioned drunkenness or a bar visit, and no police report on the vehicle's mechanical condition existed. With many questions unanswered, the Court found the deceased died in an accident whilst on duty.
Quantum of compensation
The Court confirmed the Labour Officer's 2007 assessment of Kshs. 1,116,000/= with interest from 2007 until payment in full.
The matter had been reported to the Labour Officer who investigated and found Kshs. 1,116,000/= payable in 2007. The Respondent never paid and never appealed that finding, so the Court confirmed the assessed amount with interest at Court rates running from 2007.
Legal principles established
#- Where a work injury matter is lodged as a claim instead of an objection, the mischaracterisation of form does not defeat the Court's jurisdiction where the matter rightfully belongs before the Court.
- An employer who fails to appeal a Labour Officer's compensation finding is bound by it.
Court orders
#- 1.Confirmation of damages payable at Kshs. 1,116,000/= as directed by the Labour Officer
- 2.Interest at Court rates with effect from 2007 until payment in full
- 3.Respondent to meet costs of the suit
- Jurisdiction invoked
- Section 51 and Section 52 of the Work Injury Benefits Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Katherine Wairimu Ndungu (suing as administrator of the Estate of Francis Ndungu Githinji) v Kirinyga Construction Company Limited [2018] KEELRC 1341 (KLR)", Case Analysis (2018). Cause No. 1124 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1341/eng@2018-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.