Kinyanjui v Newspaper Transporters Ltd & another (Miscellaneous Application E226 of 2024) [2026] KEELRC 583 (KLR) (27 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 583
- Citation
- [2026] KEELRC 583 (KLR)
- Decided
- 27 February 2026
The court finds that the application is not res-judicata and is not statute barred, and the orders sought are merited.
Facts
The applicant, Kinyanjui, was employed by Newspaper Transporters Ltd as a cleaner. On May 23, 2023, he was involved in an accident while on the job. He was assessed by the 2nd Respondent (Director of Occupational Safety and Health Services) and awarded Kshs.594,850 under the Work Injury Benefits Act. The applicant did not appeal the award.
Issues
- Whether the application is res-judicata
- Whether the court has jurisdiction to entertain the application
- Whether the orders sought are merited
Reasoning
The court ruled that the previous decision by Gakeri, J in Nairobi ELRC Misc. Application No. E292 of 2023 did not constitute a final judgment on the matter and thus the current application is not barred by res judicata. The court also found that the court has jurisdiction to entertain the application and that the orders sought are merited.
Outcome
The court dismissed the application.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Work Injury Benefits Act
Cases cited (2)
- Black's Law Dictionary (10th Edition)
- Nairobi ELRC Misc. Application No. E292 of 2023
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