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ELRCOtherNot stated in the judgment· [2021] KEELRC 2321 (KLR)

Devki Steel Mills Limited v Vincent Sakwa Malongo [2021] KEELRC 2321 (KLR)

High Court of Kenya
14 April 2021
505 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court ruled that work injury appeals belong in the Employment and Labour Relations Court, not the High Court, and transferred the case there.

What this practically means

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Executive summary

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This was an appeal from a magistrates' court decision in a work injury claim. The respondent alleged that on 30th April 2015, while carrying metal rods in the course of his employment at the appellant's premises, he sustained a deep cut on the right leg, and he sued for general damages, special damages of Kshs. 3,000, interest and costs, alleging negligence and/or breach of statutory duty. The trial magistrate found liability at 80:20 in the respondent's favour and awarded general damages of Kshs. 130,000, special damages of Kshs. 3,000, plus costs and interest. The appellant appealed, expressly intending to file in the Employment and Labour Relations Court at Machakos, but the appeal was erroneously lodged in the High Court registry. Relying on Juma Nyamawi Ndungo, Saidi Mohammed and Elizabeth Njeri Nderi, G. V. Odunga J held that appeals relating to work injuries fall to be handled by the ELRC, which is a court of equal status to the High Court, notwithstanding that negligence had also been pleaded. The court directed that further proceedings in the appeal be undertaken by the ELRC and ordered that costs be in the cause. The judgment did not disturb the trial court's decision on the merits; it resolved only the question of the proper forum.

Key legal issues

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01

Jurisdiction over work injury appeals

Holding

The ELRC, not the High Court, has jurisdiction to hear appeals arising from work injury claims

Reasoning

The court relied on Juma Nyamawi Ndungo, Saidi Mohammed and Elizabeth Njeri Nderi, which establish that employment disputes and work injury appeals belong to the ELRC. Although negligence was also pleaded, the matter substantially fell within the ELRC's jurisdiction, and the appellant's intention was to have the appeal heard there.

p. 2

Legal principles established

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  • Appeals in relation to work injuries are handled by the Employment and Labour Relations Court
  • The ELRC is a court of equal status as the High Court and is empowered to grant reliefs sought in work injury appeals

Court orders

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  1. 1.That further proceedings in this appeal will be undertaken by the Employment and Labour Relations Court
  2. 2.That costs will be in the cause

Authorities

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Legislation

  • Work Injury Benefits ActNot specified

Cases cited (3)

  • Juma Nyamawi Ndungo & 5 Others vs. Attorney General; Mombasa Law Society (Interested Party)
    [2019] eKLR
  • Saidi Mohammed vs. Diamond Industries Ltd
    (2018) eKLR
  • Elizabeth Njeri Nderi & Another vs. Highway Carriers Limited
    [2019] eKLR
On appeal from
Magistrates' Court (trial court, court not named)
Not stated
Jurisdiction invoked
Appellate jurisdiction over work injury disputes; judgment holds the ELRC, not the High Court, has jurisdiction over such appeals, the parties having intended the appeal to be filed in the ELRC at Machakos

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, "Devki Steel Mills Limited v Vincent Sakwa Malongo [2021] KEELRC 2321 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2321/eng@2021-04-14

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