Kigomo v Lewa Wildlife Conservancy Limited (Miscellaneous Case E217 of 2023) [2024] KEELRC 1004 (KLR)
The bottom line
#A Kenyan court confirmed it can enforce workplace injury compensation awards, granting an injured worker over KES 5 million plus interest and costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction to enforce/adopt a DOSH award under WIBA
Yes - the court has unlimited original and appellate jurisdiction over employment disputes and inherent jurisdiction to adopt the Director's award for execution, distinct from appellate jurisdiction under section 52(2) WIBA.
The Respondent's preliminary objection asserted the ELRC lacked jurisdiction to enforce DOSH awards, its jurisdiction being appellate only. The court, relying on Stephen Wangusi Nyongesa v Dot.Com Bakery Limited and Samson Chweya Mwendabole v Protective Custody Limited, held the court's unlimited jurisdiction under Article 162(2)(a) and section 12 of the ELRC Act encompasses adopting the Director's award as judgment for execution. The Respondent did not substantially support her objection in submissions.
Whether the 30 August 2023 assessment remained valid and binding given the failure to answer the insurer's objection within 14 days
Yes - the Director was bound to answer the objection within 14 days under section 52(1) WIBA; the later assessment of 11 October 2023 was ultra vires and a nullity, leaving the 30 August 2023 assessment valid and enforceable.
The Applicant argued the objection lodged by ICEA Lion on 11 September 2023 required a written answer within 14 days under section 52(1) WIBA. No answer was made by 25 September 2023, and the assessment of 11 October 2023 was therefore made outside the statutory period and without legal effect. Relying on Kartay Singh Dhupar & Company Limited v ARM Cement PLC, decisions made outside statutory timelines are nullities. The earlier assessment therefore remained valid and binding.
Whether ICEA Lion General Insurance Limited had locus standi to lodge the objection
The Applicant contended 'any person aggrieved' under section 51(1) WIBA is limited to the employer and employee, ousting the insurer's standing; the Respondent disagreed but did not substantially press the point, and the court allowed the application.
The Applicant submitted that section 51(1) WIBA's 'any person aggrieved' is limited to parties to the claim process - the employer and employee - and that the insurer, having not sought joinder, lacked standing to object. The Respondent asserted the insurer had locus standi but, per the court, 'does not come out substantially to support her case'. In the event, the objection was treated as invalid and the 30 August 2023 assessment enforced.
Legal principles established
#- The Employment and Labour Relations Court has inherent jurisdiction, under Article 162(2)(a) of the Constitution and section 12 of the ELRC Act, to adopt as judgment the Director's award under WIBA for purposes of execution.
- A decision made outside a statutory timeline is made without jurisdiction and is a nullity.
Court orders
#- 1.The award of the Director of Occupational Health and Safety dated 30th August 2023 be and is hereby adopted as a Judgment of this Court
- 2.Judgment be and is hereby entered for the Applicant as against the Respondent for KES 5,074,963.20 as per the award
- 3.Interest on the judgment sum be awarded at court rates from the date of this ruling until payment in full
- 4.The costs of the application shall be borne by the Respondent
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and section 12 of the Employment and Labour Relations Court Act; inherent jurisdiction to adopt DOSH awards under the Work Injury Benefits Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kigomo v Lewa Wildlife Conservancy Limited (Miscellaneous Case E217 of 2023) [2024] KEELRC 1004 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1004/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.