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ELRCDismissedMalindi CMCC 248 of 2019 (Appeal)· [2024] KEELRC 2686 (KLR)

Karisa v Co-operation Group Company Limited & another (Appeal E017 of 2024) [2024] KEELRC 2686 (KLR)

High Court of Kenya
31 October 2024
2,551 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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Kenya's High Court confirmed that workplace injury claims must go through WIBA's Director process, not the courts — suing in court directly will fail.

What this practically means

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Executive summary

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This is a first appeal against the judgment of the Chief Magistrate's Court at Malindi in CMCC 248 of 2019 delivered on 5 December 2022, which dismissed the appellant's claim for damages for a workplace accident. The appellant, a foreman, alleged that on 23 August 2018 a trench collapsed on him at the Mambrui pipeline site owing to the respondent's negligence, causing head and limb injuries. The trial court dismissed the suit, holding that the claim fell under the Work Injuries Benefits Act and that the court lacked jurisdiction, work injury claims being the preserve of the Director under WIBA. On appeal, the appellant argued that the magistrate erred by revisiting jurisdiction in the final judgment after a ruling of 9 March 2021 had dismissed a preliminary objection on the same issue. The respondent, relying on the Court of Appeal decision in Civil Appeal No. 133 of 2011 and the Supreme Court's Petition No. 4 of 2019, maintained that the courts' jurisdiction over post-WIBA work injury claims was ousted. M. Mbarũ J held that under Article 163(7) and the doctrine of stare decisis, the trial court was bound by the superior courts' confirmation that all work injury claims must be initiated before the Director, and that it should have downed tools. The absence of an appeal against the earlier ruling did not preclude re-evaluation of the jurisdictional question on the first appeal. The appeal was found without merit and dismissed with costs to the respondent. The judgment was delivered at Mombasa on 31 October 2024.

Key legal issues

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01

Whether the trial magistrate erred in revisiting jurisdiction in the judgment despite an earlier ruling dismissing the jurisdictional objection

Holding

No - the question of jurisdiction remained live throughout and the magistrate was correct to find the claim barred by WIBA

Reasoning

Although a ruling on 9 March 2021 dismissed the jurisdictional objection and no appeal was preferred against it, the question of jurisdiction remained an issue. By the time of the ruling, the Court of Appeal (17 November 2017) and Supreme Court (3 December 2019) had confirmed that work injury claims must go through the Director under WIBA. Under stare decisis and the principle that jurisdiction is everything, the trial court should have downed tools; the absence of an appeal against the ruling did not bar the first appellate court from re-evaluating the entire record.

p. 5
02

Whether the trial court had jurisdiction over a WIBA work injury claim

Holding

It did not - work injury claims must be initiated before the Director under WIBA

Reasoning

The appellant's accident occurred on 23 August 2018, well after WIBA commenced. The Court of Appeal in Civil Appeal No. 133 of 2011 and the Supreme Court in Petition No. 4 of 2019 confirmed that suits filed after WIBA's enactment fall outside the courts' original jurisdiction and must be channelled through the Director. The suit filed on 30 October 2019 was therefore incompetent and the magistrate correctly dismissed it with costs.

p. 5

Legal principles established

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  • Jurisdiction flows from the Constitution or legislation and a court without jurisdiction must down tools
  • Article 163(7) embodies the doctrine of stare decisis; all courts other than the Supreme Court are bound by Supreme Court decisions
  • After the Court of Appeal and Supreme Court judgments, all work injury claims must be initiated through the WIBA mechanism before the Director
  • On a first appeal the court re-evaluates and re-assesses the evidence and conclusions of the trial court

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
On appeal from
Chief Magistrate's Court, Malindi
CMCC 248 of 2019
Jurisdiction invoked
First appeal from the magistrates' court; Article 163(7) of the Constitution on stare decisis

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, "Karisa v Co-operation Group Company Limited & another (Appeal E017 of 2024) [2024] KEELRC 2686 (KLR)", Case Analysis (2024). Malindi CMCC 248 of 2019 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2686/eng@2024-10-31

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