A.A. Engineering & Works Limited v Martin Obudi Oyieke [2022] KEELRC 451 (KLR)
The bottom line
#A Kenyan court threw out a Ksh. 1.5 million work injury award because the magistrate's court had no power to hear the case under WIBA.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial court had jurisdiction over a work injury claim filed on 9th April 2014
The trial court lacked jurisdiction; Section 16 of WIBA barred court actions for damages for occupational accidents, vesting jurisdiction in the Director of Occupational Safety and Health Services
The suit, filed 9th April 2014, was a claim for damages arising from an occupational accident. WIBA became operational on 2nd June 2008 and donated jurisdiction over work injury matters to the Director of Occupational Safety and Health Services. Section 16 bars such actions against employers save under the Act. The court held that judge-made law or legitimate expectation cannot supplant the statute, so the suit was a nullity at inception.
Whether jurisdiction could be raised late, after the Appellant admitted jurisdiction in its defence
Yes - jurisdiction is a fundamental matter that may be raised at any stage, even for the first time on appeal, and cannot be conferred by admission in pleadings
The court relied on Kenindia Assurance Co. Ltd v Otiende, holding that admission of jurisdiction in a defence cannot confer jurisdiction where none exists, and on Modern Ports Authority v Modern Handling [EA] Ltd, holding that jurisdiction may be raised at any time, even for the first time on appeal. The issue was raised in the amended memorandum of appeal and both parties addressed it in submissions.
Legal principles established
#- Jurisdiction is conferred by the Constitution and statutes and cannot be conferred by parties' pleadings or admissions
- Judge-made law cannot supersede or replace statute
- A judgment rendered without jurisdiction is a nullity
Court orders
#- 1.The appeal succeeds and is allowed to the extent that it challenges the trial Court's jurisdiction
- 2.The Lower Court's judgment delivered on 14th September 2018 is set aside
- 3.The judgment is substituted with an order dismissing the Lower Court's suit (Mombasa Chief Magistrate's Court Civil Suit No. 681 of 2014)
- 4.No orders as to costs
- On appeal from
- Chief Magistrate's Court, Mombasa
- Civil Suit No. 681 of 2014
- Jurisdiction invoked
- Appeal transferred to this Court pursuant to directions given by the High Court on 17th September 2020; jurisdiction considered under Sections 16 and 52(2) of the Work Injury Benefits Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "A.A. Engineering & Works Limited v Martin Obudi Oyieke [2022] KEELRC 451 (KLR)", Case Analysis (2022). Appeal No. 4 of 2021 (formerly Civil Appeal No. 213 of 2018, High Court at Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/451/eng@2022-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.