Prime Steel Company Limted v Ochola (Appeal E001 of 2021) [2023] KEELRC 1615 (KLR)
The bottom line
#Kenya's High Court confirmed that work injury claims filed in Magistrates' Courts between WIBA's start and the 2019 Supreme Court ruling can proceed there, and upheld the damages award.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Magistrate's Court over WIBA claims filed between commencement of WIBA and the Supreme Court decision in Law Society of Kenya
The Trial Court had jurisdiction; litigants could rely on the legitimate expectation created by the High Court's declaration of nullity of WIBA provisions, and the Practice Directions mandate pending claims to proceed to conclusion.
The court noted the conflicting superior court decisions on WIBA and relied on the Chief Justice's Practice Directions (Gazette Notice No 5476 of April 24, 2023). Clause 7 recognises that the declaration of nullity of Sections 16, 23(1) and 52 of WIBA created a legitimate expectation that claimants could lodge claims directly in court, and directs that claims filed after WIBA's commencement but before the Supreme Court decision shall proceed to conclusion in the Magistrates' and ELRC courts. The Respondent's claim, filed January 30, 2018, fell squarely within that window.
Whether the general damages award should be disturbed
The award was not disturbed; the consent order on liability (80:20) stood and the Trial Court sufficiently justified its quantum.
The court observed that parties compromised on liability at 80:20 in favour of the Respondent on November 12, 2020, and that the Appellant's own submission proposing Kshs.150,000 instead of Kshs.200,000 amounted to an admission of liability. The Trial Court had explained its departure from earlier awards by reference to inflation and cost of living, which the appellate court found sufficient, leaving no basis for interference with quantum.
Legal principles established
#- Under the Chief Justice's Practice Directions of April 24, 2023, claims for compensation for work-related injuries filed after commencement of WIBA and before the Supreme Court decision in Law Society of Kenya v Attorney General, pending before the Magistrates' Courts, shall proceed to conclusion before those courts.
- In a first appeal, the court must re-evaluate, re-assess and re-analyse the record and draw its own conclusions, while making allowances for not having seen or heard the witnesses.
Court orders
#- 1.The appeal is dismissed with costs.
- 2.Judgment accordingly.
- On appeal from
- Magistrate's Court (Trial Court)
- Not stated
- Jurisdiction invoked
- First appeal from the Magistrate's Court; appeal decided in light of the Chief Justice's Practice Directions (Gazette Notice No 5476 of April 24, 2023) on pending work injury claims
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Prime Steel Company Limted v Ochola (Appeal E001 of 2021) [2023] KEELRC 1615 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1615/eng@2023-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.