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ELRCOtherFormerly HCCC No 17 of 2018 (Kiambu High Court)· [2024] KEELRC 1130 (KLR)

Karanja (Deceased) v Ndung’u & 3 others (Cause 289 of 2020) [2024] KEELRC 1130 (KLR)

Employment and Labour Relations Court
2 May 2024
LNLinnet Ndolo
433 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that work injury claims filed before the Supreme Court's WIBA decision continue in that court, so this suit survives a strike-out attempt.

What this practically means

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Executive summary

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This ruling by the Employment and Labour Relations Court at Nairobi (Linndolo J... Linnet Ndolo J) determined a Notice of Motion dated 10th December 2021 by the Respondents seeking striking out of the suit on the ground that the Court lacks jurisdiction. The suit, originally filed at the Kiambu High Court as HCCC No 17 of 2018 and transferred to the ELRC by order of Meoli J on 15th June 2020, concerns a work injury claim. The Respondents, through an affidavit of the 1st Respondent Salome Wangui Ndung'u, deponed that the accident had been reported to the Director of Occupational Safety and Health Services and the claim assessed and awaiting settlement by the underwriter, and relied on the Supreme Court decision in Law Society of Kenya v Attorney General & another [2019] eKLR, which held that post-WIBA work injury claims must follow the WIBA procedure. The Claimant, Francis Karanja Githaku (the primary Claimant Robert Kinuthia Karanja having died, with a substitution application pending), opposed the Motion. The Court held that by Gazette Notice No 5476 dated 28th April 2023 the Chief Justice directed that work injury claims filed at the ELRC after commencement of WIBA but before the Supreme Court decision proceed to conclusion before the Court. It further noted the danger of the claim abating with the substitution application pending, which would occasion grave injustice. The objection was overruled and the application declined with costs in the cause.

Key legal issues

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01

Whether the ELRC lacks jurisdiction over the suit because the claim is before the Director of Occupational Safety and Health Services under WIBA

Holding

The objection fails; the claim proceeds before the ELRC in light of the CJ's directions and the risk of abatement pending substitution

Reasoning

The Respondents relied on the Supreme Court decision in Law Society of Kenya v Attorney General holding that post-WIBA work injury claims follow the WIBA procedure. However, by Gazette Notice No 5476 dated 28th April 2023, the Chief Justice directed that such claims filed at the ELRC between commencement of WIBA and that decision proceed to conclusion before the Court. With the primary Claimant deceased and substitution pending, striking out risked abatement and grave injustice. The objection was overruled.

p. 2

Legal principles established

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  • All work injury compensation claims filed at the ELRC after commencement of WIBA but before the Supreme Court decision in Law Society of Kenya v Attorney General proceed to conclusion before the ELRC, per the Chief Justice's directions in Gazette Notice No 5476 dated 28th April 2023.

Court orders

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  1. 1.Respondents' Notice of Motion dated 10th December 2021 seeking striking out of the suit for want of jurisdiction is declined
  2. 2.Costs in the cause

Authorities

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Legislation

  • Work Injury Benefits Act (WIBA)general

Cases cited (1)

  • Law Society of Kenya v Attorney General & another
    [2019] eKLR
Jurisdiction invoked
Jurisdiction of the Employment and Labour Relations Court over work injury claims, read with the Chief Justice's directions in Gazette Notice No 5476 dated 28th April 2023

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Karanja (Deceased) v Ndung’u & 3 others (Cause 289 of 2020) [2024] KEELRC 1130 (KLR)", Case Analysis (2024). Formerly HCCC No 17 of 2018 (Kiambu High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1130/eng@2024-05-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.