Andrew Kimani Mwangi v G4s Security Services Kenya Limited [2021] KEELRC 1143 (KLR)
The bottom line
#Kenya's Employment Court ruled it cannot take back a work injury claim sent to the magistrates' court, because it only hears such cases on appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC has jurisdiction to withdraw and retransfer to itself a work injury claim pending before the Chief Magistrates Court under Section 18 of the Civil Procedure Act
The transfer was declined because the ELRC, being only the appellate forum for work injury claims under Section 52(2) of WIBA, cannot hear the claim at first instance; ordering transfer would breach the Court of Appeal and Supreme Court decisions declaring the impugned WIBA provisions constitutional
The Applicant relied on Section 18 of the Civil Procedure Act and Radido J's legitimate-expectation reasoning in West Kenya Sugar to urge transfer. The court accepted that the claim was filed when subordinate courts had authority to determine work injury claims, but held that the ELRC's jurisdiction over work injury matters is appellate only, under Section 52(2) of WIBA. Recalling the matter to itself would therefore breach binding superior-court decisions upholding WIBA's constitutionality.
Legal principles established
#- The ELRC is not the primary forum for work injury claims and may only entertain such matters on appeal under Section 52(2) of Part VIII of the Work Injury Benefits Act
- A court with appellate jurisdiction over work injury claims cannot, by transfer, invite parties to a hearing before it
Court orders
#- 1.The Application for transfer/retransfer of Milimani Chief Magistrates' Court Commercial Suit No. 1141 of 2018 to the ELRC is declined
- 2.No order as to costs, the matter still being before the Magistrates Court
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya 2010 and Section 18 of the Civil Procedure Act, Cap 21 (as invoked by the Applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andrew Kimani Mwangi v G4s Security Services Kenya Limited [2021] KEELRC 1143 (KLR)", Case Analysis (2021). ELRC Cause Number 399 of 2017 (Notice of Motion dated 17th March 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1143/eng@2021-07-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.