Bedford Micheni Bundi v Peritus Logistics Limited (Cause 54 of 2019) [2020] KEELRC 1256 (KLR) (Employment and Labour) (24 April 2020) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1256
- Citation
- [2020] KEELRC 1256 (KLR)
- Decided
- 24 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a Ruling and Order of Senior Resident Magistrate Hon. P. MuholiCoramRadido Stephen
Holding
The Magistrates Court was in error when it declined jurisdiction.
Facts
Appellant was employed as a driver by Respondent and got injured in the course of employment. The Respondent failed to pay compensation assessed by the Director of Occupational Safety and Health Services.
Issues
- Whether the Magistrates Court has jurisdiction over disputes under the Work Injury Benefits Act and more expressly, over enforcement in respect of compensation assessments by the Director, Occupational Safety and Health Services.
- Whether the Magistrates Court was in error when it declined jurisdiction.
Reasoning
The Court held that the failure by an employer to pay compensation assessed by the Director of Occupational Safety and Health Services is neglect or failure to fulfill a contractual obligation and falls within the jurisdiction of the Employment and Labour Relations Court.
Outcome
Appeal allowed
Orders
- Order setting aside the Ruling and Order of the trial Court delivered on 16 October 2019.
- Application to be placed before a different Magistrate with jurisdiction for hearing afresh.
- Appellant to have costs of the Appeal.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Work Injury Benefits Act
- Employment Act
Cases cited (1)
- Law Society of Kenya v Attorney General & Ar (2019) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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