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ELRCOtherApplication dated 6th May 2024· [2024] KEELRC 2720 (KLR)

Midega v Kenya Electricity Generating Company Limited (Judicial Review Miscellaneous Application E148 of 2024) [2024] KEELRC 2720 (KLR)

Employment and Labour Relations Court
7 November 2024
LNLINNET NDOLO
512 words in judgment
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The bottom line

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Kenya's Employment Court confirmed it cannot enforce work injury awards from the Director of Occupational Safety and Health Services; such awards must be adopted by the Magistrates Court.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually on 7th November 2024 by Linnet Ndolo J, determined a preliminary objection dated 19th July 2024 raised by the Respondent against the Applicant's application dated 6th May 2024. The Respondent argued that the Court lacked primary jurisdiction to hear the application, which sought adoption of an award by the Director of Occupational Safety and Health Services; that the application was defective per Edwin Songoroh v Amony Koech Yatich and Seme v Sino Hydro Corporation; and that the dispute fell within the pecuniary jurisdiction of the Senior Principal Magistrates Court under Section 5 of the Magistrates Court Act. The Court reviewed its own consistent line of authority, quoting Lameck Nyakundi Anyona v W.J.J Kenya Construction Company Limited, Peter Mutua Kaloki v China State Construction & Engineering Corp, and its own earlier ruling in Akhonya v Uhuru Heights Limited, all holding that no statute confers on the ELRC power to enforce or adopt the Director's compensatory awards, its jurisdiction in work injury claims being appellate only. Finding no reason to depart from that position, the Court held it had no jurisdiction over the application, upheld the preliminary objection, struck out the Applicant's application, and ordered each party to bear their own costs.

Key legal issues

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01

Whether the ELRC has jurisdiction to adopt an award of the Director of Occupational Safety and Health Services

Holding

The Court lacks primary jurisdiction in work injury matters; such awards can only be adopted by the Magistrates Court subject to pecuniary jurisdiction

Reasoning

The court noted this issue has been settled by several of its own decisions, including Lameck Nyakundi Anyona, Peter Mutua Kaloki and Akhonya v Uhuru Heights Limited, none of which located any statutory provision empowering the ELRC to enforce or adopt the Director's compensatory awards. Adoption would result in a judgment and decree by a court without primary jurisdiction over work injury compensation. The judge saw no reason to depart from that consistent position.

p. 2

Legal principles established

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  • The ELRC has no primary jurisdiction to adopt or enforce compensatory awards of the Director of Occupational Safety and Health Services; its jurisdiction in work injury claims is appellate only

Court orders

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  1. 1.The Respondent's Preliminary Objection dated 19th July 2024 is upheld
  2. 2.The Applicant's application dated 6th May 2024 is struck out
  3. 3.Each party to bear their own costs

Authorities

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Legislation

  • Work Injury Benefits Actnot specified
  • Employment and Labour Relations Court Actnot specified
  • Employment Actnot specified
  • Magistrates Court ActSection 5

Cases cited (5)

  • Edwin Songoroh & another v Amony Koech Yatich & another
    [2021] eKLR
  • Seme v Sino Hydro Corporation Engineering Bureau 15 Co. Ltd (K) (Miscellaneous Application E009 of 2023)
    [2024] KEELRC 517 (KLR) (7 March 2024)
  • Lameck Nyakundi Anyona v W.J.J Kenya Construction Company Limited
    [2022] eKLR
  • Peter Mutua Kaloki v China State Construction & Engineering Corp (Kenya) and another
    [2022] eKLR
  • Akhonya (suing as the Administrator of the Estate of Brian Mutambi Amakobe) (Deceased) v Uhuru Heights Limited (Miscellaneous Application E148 of 2023)
    [2024] KEELRC 244 (KLR) (15 February 2024)
Jurisdiction invoked
Employment and Labour Relations Court Act; Work Injury Benefits Act (jurisdiction challenged via preliminary objection)

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, "Midega v Kenya Electricity Generating Company Limited (Judicial Review Miscellaneous Application E148 of 2024) [2024] KEELRC 2720 (KLR)", Case Analysis (2024). Application dated 6th May 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2720/eng@2024-11-07

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