Alphas Alex Joy Shapaya v Alba Petroleum Limited [2022] KEELRC 776 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Employment and Labour Relations Court enjoys appellate jurisdiction to hear the present appeal from the trial court's decision in an injury claim governed by WIBA
- 2.Whether the declaration of unconstitutionality of section 16 of WIBA by Ojwang J, later reversed on appeal, conferred jurisdiction on the subordinate court over the appellant's suit
Key legal issues
#Whether the ELRC has appellate jurisdiction over the appeal in an injury claim under WIBA
The Court lacks jurisdiction; only section 52 of WIBA confers appellate jurisdiction in injury claims, and the appeal as filed was not such an appeal from the Director.
Section 12(1) of the ELRC Act read with Article 162(2) confers exclusive original and appellate jurisdiction on employment disputes, but WIBA channelled injury claims through the Director with appeals under section 52. Since section 16 of WIBA was held constitutional by the Court of Appeal and the Supreme Court, the trial court had no jurisdiction over the suit, and the appellant did not establish any written law conferring ELRC appellate jurisdiction over this appeal from a magistrate's court decision.
Effect of the final case law on the constitutionality of section 16 of WIBA
The Court of Appeal decision affirmed by the Supreme Court is the law of the case: section 16 of WIBA was constitutional from WIBA's commencement, retrospectively.
The Court adopted its earlier reasoning in Perfect Scan Limited v Harrison Kahindi Said, holding that a declaration of constitutionality is retrospective from commencement; only suits filed before WIBA came into operation were saved. The appellant's suit filed in 2012 was not so saved, and judge-made law cannot confer jurisdiction.
Legal principles established
#- A court must ascertain and decide its own jurisdiction before addressing the merits; without jurisdiction it must down its tools.
- Appellate jurisdiction must be grounded in the Constitution or a written law, not in judge-made law.
- A declaration that a statute is constitutional operates retrospectively from the statute's commencement.
Court orders
#- 1.The appeal is struck out
- 2.Each party to bear own costs of the proceedings
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Magistrate's Court (RMCC No. 2077 of 2012, Mombasa)
- RMCC No. 2077 of 2012
- Jurisdiction invoked
- Section 52 of the Work Injury Benefits Act, 2007 read with section 12(1) of the Employment and Labour Relations Court Act, 2011 and Article 162(2) of the Constitution
Relief refused
#Determination of the appeal on its merits
The Court found it lacks appellate jurisdiction over the appeal as no written law confers such jurisdiction
Costs
Each party to bear own costs of the proceedings
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The appeal is hereby struck out.
Each party to bear own costs of the proceedings.
the appellant has not established a constitutional or statutory provision which confers the Employment and Labour Relations Court appellate jurisdiction to entertain an appeal
Issues in the judgment
#The case number of the present appeal in the ELRC is not stated in the judgment text provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alphas Alex Joy Shapaya v Alba Petroleum Limited [2022] KEELRC 776 (KLR)", Case Analysis (2022). ELRC Appeal (Mombasa) arising from High Court appeal transferred by order of 01.10.2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/776/eng@2022-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.