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ELRCAllowedNot stated in the judgment (ex parte the Applicant; arises from Kiambu CMCC No 367 of 2022)· [2023] KEELRC 221 (KLR)

Planlink Company Limited v Ochuodho (Miscellaneous Application 088 of 2022) [2023] KEELRC 221 (KLR)

Employment and Labour Relations Court
31 January 2023
JRJames Rika
423 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered by James Rika, Judge, on January 31, 2023, determined an application, amended on June 29, 2022, in which the Applicant sought leave to appeal against a Ruling of the Kiambu Magistrates' Court in Kiambu CMCC No 367 of 2022, delivered on May 25, 2022, and a stay of proceedings before the Trial Court pending the intended appeal. The dispute underlying the suit was a work injury matter. Before the Trial Court, the Applicant had raised a Preliminary Objection contending that the Trial Court lacked jurisdiction over the dispute under the Work Injury Benefits Act; the Trial Court overruled the Objection. The Applicant's request for leave to appeal before the Trial Court was declined on June 8, 2022, and the prescribed time for filing an appeal lapsed on June 24, 2022. The Applicant explained the delay through the Supporting Affidavit of Maintenance Manager James Mwangi Thiong'o and the Supplementary Affidavit of its Counsel, Sophie Chirchir. The court found that the Preliminary Objection raised the weighty subject of jurisdiction under the Work Injury Benefits Act, and that superior courts of record have consistently held that magistrates' courts lack primary jurisdiction over work injury disputes, primary jurisdiction residing with the Director of Occupational Safety and Health, with appellate jurisdiction conferred on the Employment and Labour Relations Court. Finding an arguable appeal and the delay adequately explained, the court granted leave to appeal, stayed the Trial Court proceedings pending the appeal, and directed that the appeal be filed and served within 60 days. No costs order was recorded.

Key legal issues

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01

Jurisdiction of the Trial Court over work injury disputes under the Work Injury Benefits Act

Holding

The Trial Court lacks primary jurisdiction over work injury disputes under the Work Injury Benefits Act; this gives rise to an arguable appeal against the Ruling overruling the Preliminary Objection.

Reasoning

The court noted that superior courts of record have consistently found that magistrates' courts lack primary jurisdiction under the Work Injury Benefits Act. Primary jurisdiction rests with the Director of Occupational Safety and Health, with appellate jurisdiction conferred on the Employment and Labour Relations Court. The Trial Court's assumption of jurisdiction was therefore arguable on appeal.

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02

Whether the delay in seeking leave to appeal was adequately explained

Holding

The delay was adequately explained through the affidavits filed on behalf of the Applicant, justifying the grant of leave.

Reasoning

The prescribed time for filing an appeal lapsed on June 24, 2022. The Applicant explained that it had initially applied for leave before the Trial Court. The Supporting Affidavit of Maintenance Manager James Mwangi Thiong'o sworn on June 13, 2022, and the Supplementary Affidavit of Counsel Sophie Chirchir sworn on June 29, 2022, satisfied the court that the delay was adequately explained.

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Legal principles established

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  • Magistrates' Courts do not have primary jurisdiction over work injury disputes under the Work Injury Benefits Act; primary jurisdiction resides in the Director of Occupational Safety and Health, with the Employment and Labour Relations Court conferred appellate jurisdiction

Court orders

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  1. 1.The Applicant is granted leave to file its Appeal against the Ruling in Kiambu CMCC delivered on May 25, 2022
  2. 2.Proceedings in the said Civil Suit are stayed, pending hearing and determination of the Intended Appeal
  3. 3.The Appeal to be filed and served upon the Respondent, within 60 days of this Ruling

Authorities

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Legislation

  • Work Injury Benefits ActNot specified
On appeal from
Chief Magistrates' Court, Kiambu
Kiambu CMCC No 367 of 2022
Jurisdiction invoked
Appellate and supervisory jurisdiction of the Employment and Labour Relations Court over disputes governed by the Work Injury Benefits Act

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, "Planlink Company Limited v Ochuodho (Miscellaneous Application 088 of 2022) [2023] KEELRC 221 (KLR)", Case Analysis (2023). Not stated in the judgment (ex parte the Applicant; arises from Kiambu CMCC No 367 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/221/eng@2023-01-31

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