Stephen Njihia Kimani v George Gitonga t/a Gachagua Saw Mills [2018] KEELRC 20 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 20
- Citation
- [2018] KEELRC 20 (KLR)
- Decided
- 18 October 2018
Summary at a glance
TypeApplication for Extension of TimePostureApplication for extension of time to file suit for compensation out of time
The application for time extension is premature as the applicant must follow the procedure under the Work Injury Benefit Act, 2007 by addressing the complaint to the Director of Occupational Health and Safety within the statutory time period.
Facts
On January 8, 2013, the applicant was injured at work due to negligence by the respondent. He was diagnosed with hypertension and later suffered a stroke. He recovered in July 2015, and the statutory period for filing negligence claims had lapsed.
Issues
- Whether the court should extend the time for filing a suit for compensation out of time
- Whether the applicant's delay in filing the suit was due to a disability
Reasoning
The court ruled that the applicant must apply the procedure under the Work Injury Benefit Act, 2007, as the court can only be seized of the matter at appeal, and the primary statutory forum for an employee to urge his case is the Director of Occupational Health and Safety.
Outcome
The application for time extension is denied.
Authorities cited
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