Kadenge (Suing for and on Behalf of Emmanuel Mwaruwa Gwamadi - Deceased) v Shupazzafina Limited & another (Miscellaneous Application E400 of 2025) [2026] KEELRC 38 (KLR) (22 January 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 38
- Citation
- [2026] KEELRC 38 (KLR)
- Decided
- 22 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from original trial
Holding
The court declines to assume jurisdiction due to the question of limitation.
Facts
Emmanuel Mwaruwa Kadenge, deceased, was employed by Shupazzana Limited. He died on 16 March 2019, and the Director of Occupational Safety and Health Services assessed compensation and made a demand for payment to Shupazzana Limited on 6 November 2019. Shupazzana Limited did not pay, and Dama Kalume Kadenge, as Letters of Administration, sought orders for the Director's award, burial expenses, and interest.
Issues
- Limitation of the court's jurisdiction
- Enforcement of the Director's award and burial expenses
Reasoning
The court found that the question of limitation rendered it unable to assume jurisdiction over the matter.
Outcome
The Motion is struck out with no order on costs.
Orders
- Decline to assume jurisdiction due to limitation
Authorities cited
Legislation (3)
- Work Injury Benefits Act, Cap 236
- Employment and Labour Relations Court Act
- Constitution of Kenya, 2010
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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