Maisha Mabati Mills Ltd v Ondari & another (Employment and Labour Relations Appeal 152 of 2022) [2022] KEELRC 12932 (KLR) (25 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12932
- Citation
- [2022] KEELRC 12932 (KLR)
- Decided
- 25 October 2022
The trial court lacked jurisdiction to entertain the dispute, and this court has no jurisdiction to entertain the appeal except within the limited window under section 52(2) of the Work Injury Benefits Act. Consequently, the decision by the trial court is a nullity and incapable of conferring any rights on the 1st respondent.
Facts
The 1st Respondent, Shem Onkware Ondari, claimed compensation for an injury sustained while on duty. He alleged that the Appellant, Maisha Mabati Mills Ltd, and the 2nd Respondent, Jokali Handling Services Ltd, were responsible for the injury. The 1st Respondent blamed the lack of protective equipment provided by the Appellant and 2nd Respondent for the injury.
Issues
- Whether the trial court had jurisdiction to entertain the action
- Whether the Employment and Labour Relations Court had jurisdiction to entertain an appeal from the impugned decision
Reasoning
The court found that the trial court lacked jurisdiction due to the provisions of the Work Injury Benefits Act and the Employment and Labour Relations Court's jurisdiction to entertain an appeal outside the purview of section 52(2) of the WIBA.
Outcome
The appeal is struck out, and the judgment delivered on March 25, 2021 in Thika CMCC No. 404 of 2018 is a nullity.
Orders
- Strike out the appeal
- Issue a declaration that the judgment delivered on March 25, 2021 in Thika CMCC No. 404 of 2018 is a nullity and incapable of conferring legal rights or burden on the parties to the action
- Make no order as to costs
Authorities cited
Legislation (2)
- Work Injury Benefits Act (WIBA)
- Employment and Labour Relations Court (ELRC) Procedure Rules
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