Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedELRC MISC. APPLICATION NO. E045 OF 2025

James Kariuki Ng'ang'a v Bhachu Industries Limited & Directorate of Occupational Health and Safety Services

Employment & Labour Relations Court
25 September 2026
2,502 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court in Machakos confirmed it can hear work injury cases regardless of county, dismissing an employer's jurisdictional objection.

What this practically means

#

Executive summary

#
The Applicant moved the ELRC at Machakos by miscellaneous application dated 25th November 2024 seeking adoption of a DOSH award of Kshs. 390,667 made under the Work Injury Benefits Act as a judgment of the Court. The 1st Respondent, Bhachu Industries Limited, filed a Notice of Preliminary Objection contending that the Machakos Court lacked jurisdiction because the cause of action arose in Nairobi County, where the Respondent's business is situated along Enterprise Road, Industrial Area. The Applicant opposed, arguing that the ELRC's jurisdiction under Article 162(2)(a) of the Constitution and Section 12 of the ELRC Act is nationwide and not limited by county boundaries; that the objection failed the Mukisa Biscuit threshold as it raised contested facts; that the DOSH award was rendered at Athi River within Machakos County, providing a territorial nexus; and that the Respondent, having failed to challenge the award within statutory timelines, was using the objection to delay enjoyment of the award. The Respondent relied on the Applicant's own DOSH Forms 1 and 4 showing a Nairobi address, characterised the filing as forum shopping, and invoked Owners of the Motor Vessel 'Lillian S' on the consequences of want of jurisdiction. Justice Hellen Wasilwa held that the Court's jurisdiction is donated by Article 162 of the Constitution and is not restricted to geographical boundaries, and that hearing the matter in Machakos serves the interest of justice by avoiding delay. The preliminary objection was dismissed with costs in the application. The underlying adoption application remains to be determined on its merits.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court has territorial/geographical jurisdiction to hear and determine the application, the cause of action having allegedly arisen in Nairobi County
  2. 2.Whether the preliminary objection meets the Mukisa Biscuit threshold of a pure point of law

Key legal issues

#
01

Territorial jurisdiction of the ELRC Machakos station over a work injury (DOSH award) adoption application

Holding

The objection was not merited; the ELRC's jurisdiction is national and not confined to county boundaries.

Reasoning

The court held that its jurisdiction is donated by Article 162 of the Constitution and is not restricted to geographical boundaries. It also reasoned that determining the pending application in the interest of justice avoids shuttling the matter to another court, which would cause delay. The preliminary objection was therefore dismissed with costs in the application.

p. 12
02

Whether the preliminary objection raised a pure point of law under the Mukisa Biscuit threshold

Holding

The court did not expressly rule on the Mukisa Biscuit threshold, proceeding instead to dispose of the jurisdiction question on its merits.

Reasoning

Although both parties extensively argued the Mukisa Biscuit test, the court's ruling did not make an express finding on whether the objection raised a pure point of law. It went directly to the jurisdictional question and found the objection unmerited, leaving the threshold issue unresolved.

p. 12

Legal principles established

#
  • The ELRC's jurisdiction under Article 162 is not restricted to geographical boundaries.

Court orders

#
  1. 1.The preliminary objection is dismissed
  2. 2.Costs in the application

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(a) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Respectively, the jurisdiction of this court is donated by the constitution under article 162 of the constitution and is not restricted to geographical boundaries.
p. 12Territorial reach of ELRC jurisdiction
I find the preliminary objection is therefore not merited and is thus dismissed. Costs in the application.
p. 12Final orders - dismissal of preliminary objection and costs

Issues in the judgment

#
minor

Dates internally inconsistent: objection dated 12th January 2026 and Grounds of Opposition 30th March 2026, yet application dated 25th November 2024 in a 2025 file.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "James Kariuki Ng'ang'a v Bhachu Industries Limited & Directorate of Occupational Health and Safety Services", Case Analysis (2026). ELRC MISC. APPLICATION NO. E045 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2602/eng@2026-09-25

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