Cyrus Ombuna Machina v Safaricom Limited [2020] KEELRC 814 (KLR)
The bottom line
#A Kenyan court confirmed that work injury claims must first go to the Director of Occupational Safety under WIBA, not straight to the Employment Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim is time barred under section 90 of the Employment Act
The objection failed because WIBA, not the Employment Act, governs work injury claims by virtue of section 16 of WIBA.
The court held that although the claim arises from an employment relationship, it is not governed by the Employment Act or the contract of service generally but by WIBA, per section 16 which bars any action against an employer for occupational accidents or diseases save under WIBA. Section 90 of the Employment Act therefore does not apply to work injury claims, and the limitation objection was without merit.
Whether the court lacks original jurisdiction over work injury claims under section 52 of WIBA
The court lacks original jurisdiction; it enjoys only appellate jurisdiction over decisions of the Director under section 52(2) of WIBA.
Relying on the Court of Appeal's decision in Attorney General v Law Society of Kenya and Rika J's decision in Saidi Mohamed v Diamond Industries Limited, the court found that sections 51 and 52 of WIBA create an objection-and-appeal system: the Director has original jurisdiction and the ELRC hears appeals from the Director's decisions under section 52(2).
Which orders should issue
The court declined to strike out or dismiss the claim and instead referred the dispute to the Director under WIBA.
Balancing the parties' positions, the court held that dismissal without considering merits would be a miscarriage of justice. It also declined to strike out the suit because at the time of filing in 2017, the law (per the High Court judgment in Petition 15 of 2008) allowed the claimant to file suit in court. The claim was therefore referred to the Director.
Legal principles established
#- Section 90 of the Employment Act does not govern work injury claims under WIBA; such claims are governed exclusively by WIBA.
- The ELRC has appellate, not original, jurisdiction over work injury claims under section 52(2) of WIBA; the Director has original jurisdiction.
Court orders
#- 1.The dispute is referred to the Director under WIBA to hear and determine it under the relevant provisions of WIBA.
- 2.Each party shall bear his/her own costs.
- Jurisdiction invoked
- Employment and Labour Relations Court Act, sections 1A and 12; Work Injury Benefits Act sections 38, 51, 52 & 53
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Andrew Kimani Mwangi v G4s Security Services Kenya Limited [2021] KEELRC 1143 (KLR)[2021] KEELRC 1143 (KLR)15 Jul 2021
- Andrew Kimani Mwangi v G4s Security Services Kenya Limited [2021] KEELRC 1143 (KLR)[2021] KEELRC 1143 (KLR)15 Jul 2021
Cite this brief
#Cite this brief
Caselaw, "Cyrus Ombuna Machina v Safaricom Limited [2020] KEELRC 814 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/814/eng@2020-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.