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ELRCAllowedNot stated in the judgment· [2025] KEELRC 658 (KLR)

Arunda v Attorney General & 2 others; Law Society of Kenya (Proposed Interested Party) (Employment and Labour Relations Petition E090 of 2024) [2025] KEELRC 658 (KLR)

Employment and Labour Relations Court
27 February 2025
1,100 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court allowed the Law Society of Kenya to join a petition challenging whether DOSH can decide workplace injury compensation under WIBA.

What this practically means

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Executive summary

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The Law Society of Kenya (LSK) moved the Employment and Labour Relations Court by Notice of Motion dated 23 July 2024 seeking leave to join as an interested party in a constitutional petition challenging the jurisdiction of the Director of Occupational Safety and Health (DOSH) under the Work Injury Benefits Act (WIBA) to determine compensation for employees injured in the course of employment. LSK argued that the petition raises issues of great general importance concerning legislation, the administration of justice and the practice of law, falling within its statutory objectives under sections 3 and 4 of the LSK Act, and that it satisfied the joinder criteria in Muruatetu and Trusted Society of Human Rights Alliance v Mumo Matemu. The 1st Respondent filed grounds of opposition, contending that LSK failed to demonstrate a personal stake or prejudice from non-joinder, had already litigated similar issues in Petition No. 4 of 2019 (LSK v Attorney General and COTU (K)) up to the Supreme Court, and intended merely to replicate earlier submissions. The Petitioner and 2nd and 3rd Respondents did not oppose the joinder. The court found that the issues - including the alleged ouster of civil courts' jurisdiction contrary to Articles 25(c), 27, 28, 47(1), 50(1) and 159(2) of the Constitution - are of great public importance, fall within LSK's mandate, and that the court would benefit from LSK's input. The Muruatetu criteria were held satisfied. The application was granted: LSK was joined as an interested party with leave to file a replying affidavit and make submissions. No costs order was made in the disposition.

Key legal issues

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01

Whether LSK met the Muruatetu criteria for joinder as an interested party

Holding

The court found the criteria met, holding the issues of great public importance and within LSK's statutory mandate

Reasoning

The petition raises the question of DOSH's jurisdiction under WIBA to determine compensation for employees injured at work, an ouster the petitioner says violates Articles 25(c), 27, 28, 47(1), 50(1) and 159(2). The court held these issues relate to legislation, administration of justice and the practice of law - LSK's statutory objectives under section 4 of the LSK Act - and that the court would benefit from LSK's input; members would be prejudiced by non-joinder.

p. 3
02

The 1st Respondent's objection that LSK previously litigated similar issues in LSK v Attorney General and COTU (K), Petition No. 4 of 2019

Holding

The objection did not persuade the court; joinder was nonetheless granted

Reasoning

The 1st Respondent argued LSK failed to demonstrate personal interest or stake, and had already challenged WIBA up to the Supreme Court, intending merely to replicate prior submissions. The court, however, concluded that the petition touches on the supremacy of the Constitution vis-à-vis statutory law and that proper assistance was needed, finding the Muruatetu criteria satisfied.

p. 3

Legal principles established

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  • Issues concerning the jurisdiction of DOSH under WIBA and the ouster of civil courts' jurisdiction are of great public importance and fall within the LSK's statutory mandate
  • The Supreme Court's Muruatetu criteria for joinder of an interested party are met where the applicant's statutory objectives align with the issues raised and the court stands to benefit from its input

Court orders

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  1. 1.The Applicant (Law Society of Kenya) is joined as an Interested Party in this matter
  2. 2.The Applicant is granted leave to file a replying affidavit to the petition and make submissions as directed subsequently by the court
Jurisdiction invoked
Original constitutional petition jurisdiction; joinder of interested party under the LSK Act (sections 3 and 4) and the Muruatetu criteria

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, "Arunda v Attorney General & 2 others; Law Society of Kenya (Proposed Interested Party) (Employment and Labour Relations Petition E090 of 2024) [2025] KEELRC 658 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/658/eng@2025-02-27

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