Butali Sugar Mills Limited & another v Mukweyi (Employment and Labour Relations Appeal 24 of 2021) [2023] KEELRC 401 (KLR)
The bottom line
#Kenyan magistrate's courts cannot hear work injury claims filed after the Work Injury Benefits Act took effect; such claims belong with the Director of Occupational Safety and Health Services.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of magistrate's courts over post-WIBA work injury claims
Magistrate's courts lack jurisdiction to hear work injury claims filed after WIBA came into force; such claims must be directed to the Director of Occupational Safety and Health Services.
The Supreme Court in Law Society of Kenya v Attorney General upheld WIBA's constitutionality, with legitimate expectation protecting only claims pending before courts before WIBA's enactment, filed under the Workmen's Compensation Act or common law. The respondent's suit was filed on 4th December 2017, post-WIBA, so the trial magistrate had no jurisdiction and the judgment was a nullity ab initio.
Whether the appeal is merited where the trial judgment is a nullity
The appeal is merited; the trial judgment is set aside and the plaint struck out, without delving into merits.
Having found the trial court lacked jurisdiction, the judgment was a nullity ab initio amenable to setting aside ex debito justitiae. The court found no need to evaluate the merits of the trial decision, following Public Service Commission v Cheruiyot.
Appellate court's duty on first appeal
A first appellate court must reconsider and re-evaluate the evidence and draw its own conclusions, making allowance for not having seen or heard the witnesses.
The court restated the settled principle from Selle v Associated Motor Boat Co. Ltd governing the re-evaluation of evidence on appeal, though it ultimately disposed of the matter on jurisdiction without re-evaluating the evidence.
Legal principles established
#- All pending litigation filed prior to the entry into force of WIBA, commenced under the Workmen's Compensation Act or common law, is to be finalised under the previous regime on the basis of legitimate expectation; all post-WIBA work injury claims fall to the Director of Occupational Safety and Health Services.
- A decision made by a court without jurisdiction is a nullity ab initio and amenable to setting aside ex debito justitiae.
Court orders
#- 1.The appeal is allowed.
- 2.The judgment of the trial court in Butali SPMCC No. 291 of 2017 delivered on 28th January 2021 is set aside.
- 3.The plaint dated 4th December 2017 is struck off for want of jurisdiction.
- 4.Each party to bear their own costs both in this appeal and in the trial magistrate's court.
- 5.The Respondent is granted leave of 30 days to appeal.
- On appeal from
- Senior Principal Magistrate's Court, Butali
- Butali SPMCC No. 291 of 2017
- Jurisdiction invoked
- Appeal from the magistrate's court on a work injury claim; appeal decided under the Employment and Labour Relations Court appellate jurisdiction (Work Injury Benefits Act No. 13 of 2007 framework)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Butali Sugar Mills Limited & another v Mukweyi (Employment and Labour Relations Appeal 24 of 2021) [2023] KEELRC 401 (KLR)", Case Analysis (2023). Employment and Labour Relations Appeal (Butali SPMCC No. 291 of 2017 appeal), Memorandum of Appeal dated 16th February 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/401/eng@2023-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.