Karanja (Deceased) v Ndung’u & 3 others (Cause 289 of 2020) [2024] KEELRC 1130 (KLR) (2 May 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1130
- Citation
- [2024] KEELRC 1130 (KLR)
- Decided
- 2 May 2024
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondents' Motion to strike out the suitCoramL NDOLO, J
The Court overrules the Respondents' objection and declines their application to strike out the suit, with costs awarded to the Respondents.
Facts
The deceased claimant Robert Kinuthia Karanja filed a claim at the High Court in Kiambu, which was transferred to the Employment and Labour Relations Court. The Respondents filed a Motion to strike out the suit, claiming lack of jurisdiction and that the claim should be processed under the Work Injury Benefits Act.
Issues
- Whether the Court has jurisdiction to hear the claim
- Whether the claim should be processed under the Work Injury Benefits Act
Reasoning
The Court notes that the claimant has passed away and an application for substitution is pending. The Court also refers to new directions issued by the Hon Chief Justice regarding claims filed after the Work Injury Benefits Act was enacted but before the Supreme Court decision.
Outcome
The suit is not struck out, and the Respondents are ordered to pay costs.
Orders
- The Respondents' application to strike out the suit is declined with costs awarded to the Respondents.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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