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)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether LSK met the Muruatetu criteria for joinder as an interested party
The court found the criteria met, holding the issues of great public importance and within LSK's statutory mandate
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.
The 1st Respondent's objection that LSK previously litigated similar issues in LSK v Attorney General and COTU (K), Petition No. 4 of 2019
The objection did not persuade the court; joinder was nonetheless granted
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.
Legal principles established
#- 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
#- 1.The Applicant (Law Society of Kenya) is joined as an Interested Party in this matter
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.