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ELRCAllowedNairobi CMCC No 791 of 2017 (appeal therefrom)· [2022] KEELRC 277 (KLR)

Ladhani Developers Limited v Dauglous Omwoyo Matai [2022] KEELRC 277 (KLR)

Employment and Labour Relations Court
21 April 2022
LNLINNET NDOLO
866 words in judgment
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The bottom line

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Work injury claims arising after 2007 must go through the statutory WIBA process, not the courts — this claim was sent to the Director of Occupational Safety and Health Services.

What this practically means

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Executive summary

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This was an appeal to the Employment and Labour Relations Court from a ruling of Hon. A.M Obura, SPM in Nairobi CMCC No. 791 of 2017, delivered on 26th June 2020, overruling the Appellant's preliminary objection dated 2nd March 2020. The objection raised a single ground: that the trial court lacked jurisdiction to hear the Respondent's suit pursuant to the Supreme Court decision in Petition No. 4 of 2019, Law Society of Kenya v The Attorney General & Another. The trial Magistrate held that, in the absence of practice directions on referral of WIBA disputes to the Director of Occupational Health and Safety Services, and because the suit was filed before the Supreme Court decision, the claimant had a legitimate expectation of having the dispute heard and concluded before the court. The Appellant appealed on two grounds: that the Magistrate misconstrued the Supreme Court's findings on the scope of legitimate expectation, and that she failed to appreciate the primacy of jurisdiction. Linnet Ndolo J held that paragraph 85 of the Supreme Court judgment saved only work injury claims arising before the enactment of WIBA in 2007; claims arising thereafter must be processed under the Act's procedure, ousting the courts' original jurisdiction to that extent. Relying on the Owners of Motor Vessel 'Lillian S' principle, the court found the Magistrate had assumed jurisdiction expressly ousted by statute. The appeal was allowed, the ruling set aside, the Respondent's claim transferred to the Director of Occupational Safety and Health Services, with each party bearing their own costs.

Key legal issues

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01

Scope of legitimate expectation in the Supreme Court's WIBA decision

Holding

Only claims pending before enactment of WIBA are saved; the trial Magistrate erred in extending legitimate expectation to all pending work injury matters, including the Respondent's claim.

Reasoning

The court read paragraph 85 of the Supreme Court judgment, which limited legitimate expectation to claimants in cases pending at the time WIBA was passed. The Magistrate wrongly suggested all work injury matters pending at the time of the Supreme Court judgment were saved. Claims arising after the 2007 enactment fall within the statutory procedure and the courts' original jurisdiction is ousted to that extent.

p. 2
02

Assumption of jurisdiction ousted by statute

Holding

By overruling the preliminary objection the trial Magistrate assumed jurisdiction expressly ousted by statute and should have downed her tools.

Reasoning

Applying the Owners of Motor Vessel 'Lillian S' principle on jurisdiction, the court found the trial Magistrate erred in entertaining the claim once it was clear the matter fell under WIBA's statutory dispute-resolution procedure. The appeal therefore succeeded and the claim was transferred to the Director of Occupational Safety and Health Services.

p. 2

Legal principles established

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  • Only work injury claims arising before the enactment of WIBA were saved by legitimate expectation; claims arising after enactment of WIBA in 2007 must be processed under the procedure set out in the Act, ousting the courts' original jurisdiction to that extent.
  • Jurisdiction is the authority by which a court decides matters litigated before it; without it a court must down its tools.

Court orders

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  1. 1.The appeal succeeds
  2. 2.The order by the trial Magistrate overruling the Appellant's preliminary objection is set aside
  3. 3.It is replaced with an order transferring the Respondent's claim to the Director of Occupational Safety and Health Services
  4. 4.Each party will bear their own costs

Authorities

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Legislation

  • Work Injury Benefits Act (WIBA)Section 52

Cases cited (3)

  • Law Society of Kenya v The Attorney General & Another
    Petition No. 4 of 2019; [2019] eKLR
  • Attorney General v Law Society of Kenya & another
    [2017] eKLR
  • Owners of Motor Vessel "Lillian S" v Caltex Oil (Kenya) Limited
    [1989] eKLR
On appeal from
Chief Magistrate's Court, Nairobi
Nairobi CMCC No 791 of 2017
Jurisdiction invoked
Appellate jurisdiction over appeals from magistrates' courts in employment matters; appeal against ruling on a preliminary objection

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, "Ladhani Developers Limited v Dauglous Omwoyo Matai [2022] KEELRC 277 (KLR)", Case Analysis (2022). Nairobi CMCC No 791 of 2017 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/277/eng@2022-04-21

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