West Kenya Sugar Co Ltd v Joshua (Employment and Labour Relations Appeal E008 of 2021) [2023] KEELRC 1968 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of magistrates' courts over work injury claims filed post-WIBA but before the Supreme Court decision of December 3, 2019
The trial magistrate had jurisdiction; the Chief Justice's Practice Directions of April 28, 2023 grant jurisdiction to magistrates over pending WIBA claims instituted before the Supreme Court decision, and the appeal fails
The court had earlier found the appeal similar to Kakamega ELRC Appeal No 20 of 2023 West Kenya Sugar Ltd v George Mukubwa and adopted that judgment. It then analysed the Practice Directions issued by the Chief Justice under the Employment and Labour Relations Act and constitutional provisions, held they pass muster by the doctrine of necessity, promote access to justice under Article 48 and substantive justice under Article 159(2)(d), found no tangible prejudice to the appellant, and concluded the magistrates are clothed with jurisdiction.
Validity and authority of the Chief Justice's Practice Directions on pending WIBA claims
The Practice Directions pass muster by the doctrine of necessity and promote access to justice for litigants caught up with WIBA cases filed in court between the High Court decision and the Supreme Court decision
The court traced the Chief Justice's rule-making authority under section 27 of the Employment and Labour Relations Act and Articles 159 and 48 of the Constitution, noted divergent positions courts had taken on legitimate expectation, found no tangible prejudice to the appellant (magistrates having capacity equal to or better than the Director to assess damages), and upheld the directions under the doctrine of necessity.
Legal principles established
#- Magistrates' courts are clothed with jurisdiction to hear and determine work injury and disease claims filed before the Supreme Court decision in Law Society of Kenya v Attorney General & Another delivered on December 3, 2019, pursuant to the Chief Justice's Practice Directions vide Gazette Notice No 5476 of April 28, 2023
Court orders
#- 1.The appeal dated July 24, 2021 is dismissed for the reason of the Chief Justice practice directions vide Gazette Notice No 5476 issued on April 28, 2023 to the effect that WIBA matters filed before the delivery of the Supreme Court decision on December 3, 2019 be heard and determined by the magistrates
- 2.Each party to bear own costs in the appeal
- On appeal from
- Principal Magistrate's Court, Webuye (PMCC No 212 of 2017)
- Webuye PMCC No 212 of 2017
- Jurisdiction invoked
- Appellate jurisdiction over subordinate court under Employment and Labour Relations Court framework; Article 159 and Article 48 of the Constitution of Kenya considered
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "West Kenya Sugar Co Ltd v Joshua (Employment and Labour Relations Appeal E008 of 2021) [2023] KEELRC 1968 (KLR)", Case Analysis (2023). Kakamega ELRC Appeal No 20 of 2023 (Memorandum of Appeal dated July 24, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1968/eng@2023-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.