Simira v China Overseas Engineering Group Company (Employment and Labour Relations Appeal E041 of 2022) [2024] KEELRC 669 (KLR)
The bottom line
#Kenya's Employment Court confirmed Magistrates Courts can hear work injury claims filed between 2017 and 2019, reviving a worker's dismissed compensation suit.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over work injury claims filed after WIBA commencement but before the Supreme Court decision in Law Society of Kenya v Attorney General (Petition No 4 of 2019)
The Magistrates Court has jurisdiction over such pending claims by virtue of the Chief Justice's Practice Directions gazetted on 28th April 2023; the trial magistrate erred in striking out the suit for want of jurisdiction
The claim was filed on 4th April 2018, after the Court of Appeal's 2017 decision and before the Supreme Court's 2019 decision. The Chief Justice issued practice directions on 24th April 2023 directing that all such claims proceed to conclusion before the ELRC or Magistrates Courts. The court upheld the validity of the directions under the doctrine of necessity, holding they promote access to justice under Article 48 and that no prejudice would be suffered by the appellant. The magistrate therefore had jurisdiction.
Whether the ELRC could determine liability and quantum itself
No - the ELRC lacks original jurisdiction over work injury claims and has only appellate jurisdiction; the matter was remitted to the Magistrates Court
Relying on Saidi Mohammed v Diamond Industries Ltd and the Supreme Court's holding against an appellate court assuming original jurisdiction, the court held that assessment of damages in work injury claims is the role of the Magistrates Court. Without a decision by the court of original jurisdiction, the ELRC could not proceed on liability and quantum, and remitted the suit.
Legal principles established
#- An appellate court that finds a trial court acted without jurisdiction cannot assume original jurisdiction over the matter but must remit it to the court clothed with jurisdiction
- The Chief Justice's WIBA Practice Directions of April 2023 grant the Magistrates Courts jurisdiction to conclude work injury claims filed after commencement of WIBA but before the Supreme Court decision of 3rd December 2019
Court orders
#- 1.The appeal is upheld on the issue of jurisdiction; the Magistrates Court has jurisdiction in the instant case
- 2.The ruling and order of Hon. L. Ambasi, Chief Magistrate, delivered on 30/8/2022 upholding the Respondent's preliminary objection dated 23rd March 2022 in Busia CMCC No 79 of 2018, as applied to the sister files Busia CMCC Nos 76,77,80,81,82,83,86,87,88,89,90 and 91 all of 2018, is set aside in its entirety
- 3.The suit is returned to the Magistrates Court for disposal on merit on the issues of liability and quantum
- 4.The judgment applies in Busia CMCC Nos 76,77,80,81,82,83,86,87,88,89,90 and 91 all of 2018
- 5.Each party to bear own costs in the appeal
- On appeal from
- Chief Magistrate's Court, Busia
- Busia CMCC No 79 of 2018
- Jurisdiction invoked
- Appeal from the Magistrates' Court to the Employment and Labour Relations Court; practice directions issued by the Chief Justice under Articles 159(2) and 161(2)(a) of the Constitution, section 10 of the Judicature Act and sections 5(1) and 2(c) of the Judicial Service Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Simira v China Overseas Engineering Group Company (Employment and Labour Relations Appeal E041 of 2022) [2024] KEELRC 669 (KLR)", Case Analysis (2024). Bungoma Appeal No E041 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/669/eng@2024-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.