Chenje v Kibo & Allied Industries & another (Employment and Labour Relations Appeal 17 of 2023) [2024] KEELRC 453 (KLR)
The bottom line
#Kenya's Employment Court confirmed that magistrates can hear workplace injury claims filed before December 2019, reviving a worker's case for a fresh hearing.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Magistrates Court over work injury claims filed post-WIBA but before the Supreme Court decision in Law Society of Kenya v Attorney General
The Magistrates Court has jurisdiction over such pending claims by virtue of the Chief Justice Practice Directions; the appeal succeeds on jurisdiction
The suit was filed in 2016, before the Court of Appeal (2017) and Supreme Court (2019) decisions. The Chief Justice's Practice Directions gazetted on 28th April 2023 expressly grant magistrates jurisdiction over pending claims filed before 3rd December 2019. The court held the directions pass muster by doctrine of necessity to promote access to justice, and no prejudice would be suffered under Article 159(2)(d).
Whether parties can confer jurisdiction by consent or conduct
No - jurisdiction flows from the Constitution or written law, and a court may raise jurisdiction sua sponte
Relying on Samuel Kamau Macharia and Owners of Motor Vessel Lillian S, the court held that parties' acceptance of jurisdiction in pleadings cannot clothe a court with jurisdiction it lacks, and the court may determine the question on its own motion at any stage.
Whether the ELRC should decide liability and quantum
No - the ELRC has only appellate jurisdiction in work injury claims; the matter must be remitted to the Magistrates Court
Following Rika J in Saidi Mohammed v Diamond Industries and the Supreme Court's holding that an appellate court finding a trial court lacked jurisdiction cannot assume original jurisdiction, the court remitted liability and quantum to the Magistrates Court.
Legal principles established
#- Parties cannot confer jurisdiction on a court by acceptance or conduct; jurisdiction flows from the Constitution or written law or both
- A court may raise the question of jurisdiction on its own motion and must decide it forthwith
- An appellate court that finds a trial court acted without jurisdiction cannot assume original jurisdiction over the matter; it must remit it to the court clothed with jurisdiction
- Pending WIBA claims filed after commencement of WIBA but before the Supreme Court decision of 3rd December 2019 proceed to conclusion before the ELRC or Magistrates' Courts
Court orders
#- 1.Appeal succeeds on the issue of jurisdiction; the Magistrates Court has jurisdiction in the instant case
- 2.Judgment and/or Decree of Hon. H. Wandere delivered on 19th October 2022 in Kakamega Civil Suit No. 328 of 2016 set aside in its entirety
- 3.Suit returned to the Magistrate Court for disposal on merit on the issue of liability and quantum
- 4.No costs in the appeal
- On appeal from
- Magistrates Court at Kakamega
- Kakamega Civil Suit No. 328 of 2016
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over a decision of the Magistrates' Court; Employment and Labour Relations Court Act and Work Injury Benefits Act framework, including the Chief Justice Practice Directions (Kenya Gazette No. 5476, 28th April 2023)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chenje v Kibo & Allied Industries & another (Employment and Labour Relations Appeal 17 of 2023) [2024] KEELRC 453 (KLR)", Case Analysis (2024). Kakamega ELRC Appeal (from Kakamega Civil Suit No. 328 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/453/eng@2024-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.