Batian Flowers Limited v Thiane (Employment and Labour Relations Appeal 1A of 2022) [2023] KEELRC 2270 (KLR)
The bottom line
#Kenya's Employment Court struck out a Kshs 5.6 million work injury award because work injury claims must go through the WIBA process, not ordinary lawsuits.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial court had jurisdiction over a work injury claim under WIBA
The trial court had no jurisdiction; section 16 of WIBA vests adjudication of work injury claims in the Director of Occupational Safety and Health, and the original jurisdiction of courts is ousted.
The court relied on section 16 of WIBA and the binding decisions of the Court of Appeal and Supreme Court in Attorney General v Law Society of Kenya, both delivered before the suit was filed. The trial court was notified of these decisions but ignored them and proceeded to the merits. A determination made without jurisdiction is a nullity, so the judgment of E Mbicha PM could not stand.
Consequence of want of jurisdiction on the award of damages
The award of Kshs 5,629,224 falls with the judgment, as a court without jurisdiction has no power to make any order; the suit was struck out.
Citing Owners of the Motor Vessel 'Lilian S', the court held that where there is no jurisdiction, proceedings cannot continue and the court must down's tools. Since the entire suit was a nullity, the general and special damages awarded could not survive. The respondent was, however, left free to pursue compensation under the WIBA procedure from where he left.
Respondent's argument that the court retained jurisdiction where the employer frustrated the WIBA process
The court did not accept that this saved the suit; the claim remained within the Director's jurisdiction under WIBA.
The respondent argued that equity does not suffer a wrong without remedy and that the employer had failed to pay any compensation or medical costs, frustrating the WIBA process. The court nonetheless held that the express ouster in section 16 applied at the time of filing and judgment, making the suit incompetent notwithstanding the alleged frustration of the statutory process.
Legal principles established
#- Section 16 of WIBA ousts the original jurisdiction of courts over work injury claims, which must be processed through the Director of Occupational Safety and Health under the Act.
- A suit heard and determined without jurisdiction is a nullity.
- The first appellate court must re-evaluate and re-assess the evidence and reach its own independent conclusions.
Court orders
#- 1.The entire judgment of the trial court is set aside and substituted with an order striking out the respondent's suit with costs
- 2.The respondent shall be at liberty to invoke the procedure under the WIBA and pursue his compensation from where he left
- On appeal from
- Chief Magistrate's Court at Nyeri
- Not stated in the judgment
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over work injury claims (the court states it enjoys unlimited appellate jurisdiction over WIBA claims)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Batian Flowers Limited v Thiane (Employment and Labour Relations Appeal 1A of 2022) [2023] KEELRC 2270 (KLR)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2270/eng@2023-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.