Jonathan Njuguna Kimani & another v Safaricom Kenya PLC Limited [2021] KEELRC 1508 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection is properly founded on a pure point of law
It is, because it contests jurisdiction as conferred by Section 16 of WIBA
The court applied the Mukisa Biscuit test and found the objection raises a pure question of law - the jurisdiction of the Court - without requiring the ascertainment of facts from evidence.
Whether the ELRC has jurisdiction over the Claimants' suit
No; the claim is anchored in work injuries/diseases and Section 16 of WIBA bars a direct action against the employer in this Court at the primary stage
Relying on Law Society of Kenya v Attorney General, the court held that WIBA creates a statutory dispute-resolution mechanism beginning with the Director, and that claims for damages arising from occupational accident or disease must follow that route before resort to the court. Though the Claimants framed their claim as unfair termination and unfair labour practices, the claim's substratum was the occupational diseases.
Legal principles established
#- A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct
- Jurisdiction is determined on the basis of pleadings and not the substantive merits of the case
- Where the pleadings establish that the claim is one for recovery of damages in respect of an occupational accident or disease, Section 16 of WIBA ousts the Court's jurisdiction at the primary stage
Court orders
#- 1.The suit is struck out
- 2.Each party is to bear their own costs
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court considered vis-à-vis Section 16 of the Work Injuries Benefits Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jonathan Njuguna Kimani & another v Safaricom Kenya PLC Limited [2021] KEELRC 1508 (KLR)", Case Analysis (2021). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1508/eng@2021-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.