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ELRCDismissedEldoret CMCC No. 575 of 2017 (appeal therein; application dated 5th February 2024)· [2024] KEELRC 1677 (KLR)

Jumbo North (EA) Limited v Kiplimo (Appeal E013 of 2023) [2024] KEELRC 1677 (KLR)

Employment and Labour Relations Court
28 June 2024
MOMAUREEN ONYANGO
1,502 words in judgment
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The bottom line

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A Kenyan court refused to pause a 2017 work injury case, confirming such claims must finish where they were filed under the Chief Justice's directions.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Eldoret (Maureen Onyango, J) on the Appellant's application dated 5th February 2024 seeking stay of proceedings in Eldoret CMCC No. 575 of 2017, Kelvin Kiplimo v Jumbo North (E.A) Limited, pending determination of an appeal against the trial court's dismissal of the Appellant's preliminary objection challenging the Magistrate's Court's jurisdiction over a work injury claim. The trial court had dismissed the preliminary objection on 9th May 2023 relying on the Chief Justice's Directions on work injury claims gazetted on 24th April 2023, and a subsequent application for stay was dismissed on 19th December 2023. The Respondent opposed, arguing he had a legitimate expectation to conclude his 2017 claim under the legal regime prevailing when he filed suit. The court set out the Chief Justice's Practice Directions (Gazette Notice No. 5476 of 24th April 2023) providing that all WIBA claims filed after commencement of the Act but before the Supreme Court decision shall proceed to conclusion before the ELRC or Magistrates' Courts, and all pending judgments and rulings shall be delivered by the same courts. Since the Respondent lodged his claim on 26th May 2017, before the Supreme Court decision, the court held the matter must proceed in the trial court. The application was dismissed with costs to the Respondent, and the Appellant was advised to consider withdrawing the appeal as its issues had been substantially dealt with in the ruling.

Key legal issues

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01

Whether stay of proceedings in the trial court should be granted pending the appeal against dismissal of the preliminary objection on jurisdiction

Holding

The application was dismissed because the Chief Justice's Practice Directions of 24th April 2023 mandate that claims filed after commencement of WIBA but before the Supreme Court decision proceed to conclusion before the trial court

Reasoning

The court traced the jurisdictional uncertainty following the LSK litigation through the High Court, Court of Appeal and Supreme Court, and noted the Chief Justice's Gazette Notice No. 5476 of 24th April 2023 issued to resolve confusion over claims filed in the interim. The Respondent lodged his claim on 26th May 2017, within the protected window. The court found no merit in the application and dismissed it, awarding costs to the Respondent.

p. 4

Legal principles established

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  • Claims for work-related injuries filed after commencement of WIBA but before the Supreme Court decision shall proceed to conclusion before the Employment and Labour Relations Court or Magistrates' Courts where they were filed

Court orders

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  1. 1.Application for stay of proceedings dismissed
  2. 2.Respondent awarded costs of the application
  3. 3.Appeal counsel advised to consider withdrawing the appeal as its issues were substantially dealt with in the ruling

Authorities

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Legislation

  • Work Injury Benefits ActNo. 13 of 2007; Sections 16, 23(1) and 52
  • Constitution of Kenya, 2010Article 159(2)(b)

Cases cited (4)

  • Law Society of Kenya v Attorney General and Another
    Nairobi Civil Appeal No. 133 of 2011 (2017) eKLR
  • Law Society of Kenya v Attorney General and Another
    Supreme Court Petition No. 4 of 2019
  • Law Society of Kenya v. Attorney General & Another
    (2009) eKLR
  • Attorney-General and 2 Others v Ndii and 79 Others; Prof. Rosalind Dixon and 7 Others (Amicus Curiae)
    Petition 12, 11 and 13 of 2021 (Consolidated) [2022] KESC 8 (KLR)
On appeal from
Magistrate's Court (Eldoret)
CMCC No. 575 of 2017
Jurisdiction invoked
Appellate jurisdiction over the Magistrate's Court ruling on the preliminary objection; appeal against dismissal of preliminary objection on jurisdiction to hear WIBA claims

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, "Jumbo North (EA) Limited v Kiplimo (Appeal E013 of 2023) [2024] KEELRC 1677 (KLR)", Case Analysis (2024). Eldoret CMCC No. 575 of 2017 (appeal therein; application dated 5th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1677/eng@2024-06-28

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