Charo Karisa Sathine v K K Security [2022] KEELRC 674 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 674
- Citation
- [2022] KEELRC 674 (KLR)
- Decided
- 17 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment dismissing a work injury claim without jurisdictionCoramAGNES KITIKU NZEI
Holding
The appeal is dismissed with costs, as the trial court's judgment was rendered without jurisdiction and the appellant's claim is barred by the Work Injury Benefits Act.
Facts
The appellant was injured by armed robbers while guarding a client's residence as an employee of the respondent. The appellant filed a suit in the Principal Magistrate's Court at Kilifi, which was transferred to Mombasa Chief Magistrate's Court and dismissed.
Issues
- jurisdiction of the trial court
- statutory bar to the appellant's claim
Reasoning
The court held that the trial court lacked jurisdiction due to the statutory bar in the Work Injury Benefits Act, and thus the judgment is null and void.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (1)
- Work Injury Benefits Act 2007
Cases cited (3)
- Owners of Motor Vessel 'Lilian S' v Caltex Oil (Kenya) Limited
- Supreme Court of Kenya Application No. 2 of 2011 SAMUEL KAMAU MACHARIA v KCB and Others
- MODERN PORTS AUTHORITY v MODERN HANDLING EA Limited
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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