West Kenya Sugar Co Ltd v Joshua (Employment and Labour Relations Appeal E008 of 2021) [2023] KEELRC 1968 (KLR) (27 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1968
- Citation
- [2023] KEELRC 1968 (KLR)
- Decided
- 27 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling and order of Hon. Mildred Munyekenye (SRM) in a work injury claimCoramJW KELI, Koome
Holding
The court dismissed the appeal and adopted the judgment in Kakamega ELRC Appeal No 20 of 2023 West Kenya Sugar Ltd v George Mukubwa.
Facts
The Appellant, West Kenya Sugar Co Ltd, appealed against a ruling and order by Hon. Mildred Munyekenye (SRM) in a work injury claim filed by Shiundu Munganyi Joshua.
Issues
- Whether the learned trial magistrate completely misapprehended the law
- Whether the learned trial magistrate had jurisdiction to determine the matter
- Whether the respondent had legitimate expectation
Reasoning
The court found the submissions similar to the Kakamega ELRC Appeal No 20 of 2023 West Kenya Sugar Ltd v George Mukubwa, where the court dismissed the appeal due to a similar preliminary objection.
Outcome
Appeal dismissed
Orders
- The Appeal herein be allowed and the order made on July 14, 2021 be set aside in its entirety
- That this Honorable court be pleased to order/hold that the sub-ordinate court has no jurisdiction to hear and determine Work Injury related claims in line with the provisions of section 16,23 and 53 of the Work Injury Benefits Act
Remedies
- Cost of this Appeal be awarded to the Appellant
Authorities cited
Legislation (2)
- Work Injury Benefits Act No 13 of 2017
- Civil Appeal No 133 of 2021 Hon Attorney General v Law Society of Kenya and Central Organization of Trade Unions
Cases cited (1)
- Kakamega ELRC Appeal No 20 of 2023 West Kenya Sugar Ltd v George Mukubwa
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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