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ELRCAllowedELRC Appeal (Employment and Labour Relations Court, Nairobi)· [2024] KEELRC 1580 (KLR)

Asuna v Garden Estate Development Limited (Appeal E042 of 2022) [2024] KEELRC 1580 (KLR)

Employment and Labour Relations Court
21 June 2024
SRStella Rutto
2,045 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that workers injured on the job can still sue for unfair dismissal in employment court, as long as they aren't claiming work injury compensation.

What this practically means

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Executive summary

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This was an appeal against a Ruling of the Chief Magistrate's Court at Milimani (Milimani CMEL No. E932 of 2020) delivered on 18 March 2022, upholding the Respondent's Preliminary Objection dated 18 August 2021. The Objection, grounded on the Supreme Court decision in Law Society of Kenya v Attorney General (Petition No. 4 of 2019) and Section 23 of the Work Injury Benefits Act, contended that the trial Court lacked jurisdiction. The trial Magistrate struck out the Appellant's Statement of Claim with leave to file a proper claim. The Appellant, a storekeeper who alleged unfair termination after a workplace injury, sought reliefs under the Employment Act including declarations, notice pay, service pay, allowances, overtime, underpayment, incapacitation pay, loss of earning capacity and 12 months' compensation for wrongful dismissal. The Appeal raised 13 grounds and was canvassed by written submissions. The single issue framed was whether the trial Court properly applied itself on the question of jurisdiction. Applying the first appellate duty of re-evaluation, the Court held that the dispute substantially concerned unfair termination and employment-related payments; the Appellant sought no relief under WIBA. Moreover, the Supreme Court had concluded the WIBA matter on 3 December 2019, before the Ruling, so the trial Court had no basis to hold the issue remained alive in the Court of Appeal. The appeal was allowed, the Ruling set aside, the Preliminary Objection overruled, the Statement of Claim reinstated, with no orders as to costs.

Key legal issues

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Whether the trial Magistrate erred in upholding the Preliminary Objection on jurisdiction

Holding

The trial Magistrate fell into error; the claim was substantially an employment claim for unfair termination and employment-related payments, and no WIBA relief was sought

Reasoning

The Court revisited the pleadings and found that although the Appellant alluded to workplace injuries and sought loss of future earning capacity, the dispute centrally concerned unfair termination and payments accruing in an employment relationship. No relief was sought under WIBA. Further, by the date of the Ruling (18 March 2022) the Supreme Court had already delivered its judgment in Law Society of Kenya v Attorney General on 3 December 2019, so the trial Court had no basis to hold the work injury jurisdiction issue was still alive at the Court of Appeal.

p. 4

Legal principles established

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  • A claim pleaded under the Employment Act cannot be struck out for want of jurisdiction under the Work Injury Benefits Act where no relief under that Act is sought

Court orders

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  1. 1.The Appeal is allowed
  2. 2.The Ruling of the trial Court in Milimani CMEL No. E932 of 2020 delivered on 18th March 2022 is set aside
  3. 3.The Preliminary Objection dated 18th August 2021 is overruled and the Appellant's Statement of Claim dated 1st October 2020 is reinstated
  4. 4.There will be no orders as to costs
On appeal from
Chief Magistrate's Court at Milimani
Milimani CMEL No. E932 of 2020
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court from the subordinate court

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, "Asuna v Garden Estate Development Limited (Appeal E042 of 2022) [2024] KEELRC 1580 (KLR)", Case Analysis (2024). ELRC Appeal (Employment and Labour Relations Court, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1580/eng@2024-06-21

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