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ELRCDismissedNot stated in the judgment· [2025] KEELRC 565 (KLR)

Aloo v Afribright Limited (Miscellaneous Application E293 of 2024) [2025] KEELRC 565 (KLR)

Employment and Labour Relations Court
27 February 2025
2,715 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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The Employment and Labour Relations Court cannot extend time to file a work injury claim in Kenya; injured workers must instead apply to the Director with proof the employer knew of the accident.

What this practically means

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Executive summary

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The Applicant sought an order enlarging time to lodge a work injury claim with the Director of Occupational Health and Safety under sections 21, 22, 26 and 27 of the Work Injury Benefits Act, alleging he suffered a workplace injury on 22nd June 2022 while in the Respondent's employment and blaming previous lawyers for failing to lodge the claim within the statutory twelve-month window. The Respondent opposed the application, contending that the Applicant instructed his lawyers more than twelve months after the accident, that the site hosted a consortium of employers (some foreign) which has since closed, and that admitting the late claim would cause it hardship. Although the Respondent did not raise the jurisdictional objection in its replying affidavit, it did so in submissions, and the court addressed it sua motu. The court held that the Work Injury Benefits Act contains no express provision empowering the ELRC to extend time for lodging claims with the Director; jurisdiction is donated by the Constitution or statute and cannot be conferred through judicial craft or equity. The proper course is for the employee to approach the Director with evidence of report to the employer or employer knowledge, and section 52(2) vests only appellate jurisdiction in the ELRC. The court also declined to invoke the Limitation of Actions Act to fill the lacuna, distinguishing Wanyama and Abdirahman. In any event, the Applicant did not demonstrate report of the injury or employer knowledge. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the ELRC has jurisdiction to extend time for lodging a work injury claim with the Director

Holding

The ELRC has no such jurisdiction; the Work Injury Benefits Act contains no provision empowering it, and the Director is the proper forum to admit late claims

Reasoning

The court held that jurisdiction is donated by the Constitution or statute and cannot be conferred through judicial craft. The Work Injury Benefits Act has no express provision empowering the ELRC to extend time; sections 21, 22, 26 and 27 direct the employee to lodge evidence of report or employer knowledge with the Director, who decides admission. Section 52(2) vests only appellate jurisdiction in the ELRC over the Director's decisions, confirming there is no original jurisdiction over extension requests.

p. 2
02

Whether equity or the Limitation of Actions Act may fill the statutory lacuna

Holding

No; invoking equity to confer jurisdiction amounts to conferring jurisdiction through innovation, and the Limitation of Actions Act addresses three- and six-year timelines, not the twelve-month regime under WIBA

Reasoning

The court respectfully differed from Wanyama, holding that equity cannot confer jurisdiction the statute withholds. The Limitation of Actions Act governs extension for contract (six years) and tort (three years) claims, which is incompatible with the WIBA's specific twelve-month window outside which a claim abates. Further, the application before the court was not brought under the Limitation of Actions Act in any event.

p. 4
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Whether the Applicant demonstrated report of the injury or employer knowledge

Holding

No; the affidavits contained no averment of report within the statutory timelines, and the medical receipts showed the Applicant mostly paid his own bills

Reasoning

Even assuming jurisdiction existed, the Applicant had to show he reported the injury to the employer within the timelines set in law or that the employer knew of the accident. The affidavits contained no such averment. The receipts for medical bills showed most were paid by the Applicant; one payment by a third party, Douglas Mutale, could not be attributed to the Respondent.

p. 3

Legal principles established

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  • Jurisdiction of a court or tribunal is donated by the Constitution or statute and cannot be conferred through judicial craft or equity
  • The ELRC has no jurisdiction to enlarge the time for lodging a claim with the Director under the Work Injury Benefits Act; such requests are for the Director, supported by evidence of report to the employer or employer's knowledge
  • A work injury claim may only be entertained outside twelve months if the employee reported the accident to the employer within the statutory timelines or the employer was aware of the accident despite non-reporting

Court orders

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  1. 1.The application is dismissed with costs to the Respondent
Jurisdiction invoked
Sections 21, 22(1)(2)(5), 26 and 27 of the Work Injury Benefits Act (as invoked by the Applicant); the court found it lacked jurisdiction to entertain the application

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, "Aloo v Afribright Limited (Miscellaneous Application E293 of 2024) [2025] KEELRC 565 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/565/eng@2025-02-27

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