Jonathan Njuguna Kimani & another v Safaricom Kenya PLC Limited [2021] KEELRC 1551 (KLR)
The bottom line
#Kenya's Employment Court struck out a worker claim for damages, ruling work injury and occupational disease compensation must first go through the WIBA statutory process.
What this practically means
#Executive summary
#Key legal issues
#Whether the objection qualifies as a preliminary objection
It does, because it raises a pure point of law on jurisdiction assuming the pleaded facts are correct
Applying Mukisa Biscuit, the Court noted the objection challenged jurisdiction under Section 16 of WIBA, a pure question of law not dependent on disputed facts, and therefore met the threshold for determination in limine.
Whether the ELRC has jurisdiction over the Claimants' suit
It does not; the claim is anchored in occupational diseases and work injuries, which fall under Section 16 of WIBA's statutory dispute-resolution mechanism
A perusal of the Memorandum of Claim showed the claims for damages for unlawful termination, unfair labour practices and discrimination were founded on diseases allegedly contracted at work. Relying on Law Society of Kenya v Attorney General, such claims must first go through the Director under WIBA, so the Court lacked primary jurisdiction and the suit had to fail.
Legal principles established
#- Jurisdiction is determined on the basis of pleadings and not the substantive merits of the case
- Where the pleadings establish a claim cognizable exclusively in another forum, the court seised lacks jurisdiction
- A claim by an employee for occupational accident or disease lies only under the Work Injuries Benefits Act, 2007 and not by ordinary action
Court orders
#- 1.The suit is struck out
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction considered against 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 1551 (KLR)", Case Analysis (2021). Cause No E535 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1551/eng@2021-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.