Kitoo v Apex Steel Limited (Cause E868 of 2021) [2023] KEELRC 528 (KLR) (3 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 528
- Citation
- [2023] KEELRC 528 (KLR)
- Decided
- 3 March 2023
Summary at a glance
Facts
The Claimant, Nicholas Mbui Kitoo, was employed as a Tongsman by the Respondent, Apex Steel Limited. On 22nd October 2019, he sustained an injury while on duty. He reported the accident through his Advocates' letter dated 8th January 2021, but the Director of Occupational Safety and Health has not acted on the report.
Issues
- Jurisdiction of the Employment and Labour Relations Court (ELRC) over work injury claims
- Procedure for challenging the Director's decision
Reasoning
The court determined that the WIBA requires the first step in processing a work injury claim to be reporting to the Director's office. The court ruled that the ELRC's jurisdiction is appellate, not original, and that the Director's failure to act on the report does not constitute a decision capable of triggering an appeal.
Outcome
The court dismissed the claim, finding that the ELRC has no original jurisdiction to hear the case.
Authorities cited
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