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ELRCDismissedNot stated in judgment

Randani v Kenya Ports Authority (Miscellaneous Application E034 of 2024) [2024] KEELRC 1576 (KLR)

Employment and Labour Relations Court
20 June 2024
2,625 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to enforce a Kshs. 2 million work injury award because the accident happened in a private car, not on the job.

What this practically means

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Executive summary

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The applicant, an environment field officer of the respondent, was injured on 18 March 2023 in a road accident within the Port of Mombasa. The Director of Occupational Safety and Health Services assessed and awarded her Kshs. 2,020,237.33 on 11 August 2023 under the Work Injury Benefits Act (WIBA). The respondent neither objected nor appealed. The applicant moved the court to adopt the Director's award as judgment, with interest and costs. The respondent opposed, contending the accident occurred while the applicant was travelling in a private vehicle on personal errands during her lunch break, was not work-related within Section 2 of WIBA, and that no inquiry under Section 23 of WIBA was conducted; she had also been compensated Kshs. 90,135 under the employer's Group Personal Accident policy. The court framed two issues: its jurisdiction to adopt the Director's award, and whether there was a work-related accident. It held the ELRC has overriding powers under Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act to enforce the Director's awards where properly issued, so jurisdiction existed. However, on the facts, the applicant's own statement showed she was a passenger in a private vehicle whose driver was convicted of careless driving; the report to the Director that the accident occurred at Grainbulk Terminal during inspection duties was false. The Director's inquiry was not mechanical; a proper investigation was imperative. The award, founded on a non-work-related accident already compensated under the Group Personal Accident cover, was invalid and unenforceable. The application was dismissed with costs to the respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the court has jurisdiction to address the application seeking adoption of the Director's award under WIBA
  2. 2.Whether there was a work-related accident that justified the invocation of WIBA

Key legal issues

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01

Jurisdiction of the ELRC to adopt and enforce the Director's award under WIBA

Holding

The court has jurisdiction to enforce the Director's awards under WIBA where properly issued, notwithstanding the absence of an express enforcement mechanism in WIBA

Reasoning

Both parties acknowledged WIBA contains no enforcement mechanism for the Director's awards. The court held it was not left without its overriding powers under Article 162(2) of the Constitution and Section 12 of the ELRC Act, 2011 to enforce the Director's awards where properly issued. Jurisdiction therefore existed, but the enforcement power only applies to awards that are validly and properly issued.

p. 5
02

Whether the accident of 18 March 2023 was a work-related accident under WIBA

Holding

The accident was not work-related; the applicant was in a private vehicle outside the workplace and outside the scope of official duties, so the Director's award was invalid

Reasoning

The report to the Director claimed the accident occurred at Grainbulk Terminal during inspection duties, but the applicant's own statement of 5 April 2023 showed she was a passenger in a private vehicle that rammed a stationary lorry, whose driver was charged and fined for careless driving. The Director failed to conduct a proper inquiry under Section 23 of WIBA. Compensation had already been paid under the Group Personal Accident policy covering injuries outside employment scope.

p. 4
03

Adequacy of the Director's inquiry and investigation under Section 23 of WIBA

Holding

The Director's statutory duty to inquire and investigate is imperative and not mechanical; a proper inquiry would have revealed the accident was not work-related

Reasoning

Section 23 of WIBA obliges the Director to make inquiries necessary to decide on liability and to carry out investigations. The court held these motions are not mechanical and the duty to investigate before issuing an assessment is imperative. A proper investigation would have revealed the driver's traffic prosecution and would have engaged Section 17(2) of WIBA on third-party liability. The report to the Director was incorrect and supplying false information is a criminal act under Section 23(4).

p. 5

Legal principles established

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  • Under Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, the ELRC has overriding powers to enforce the Director's awards under WIBA where properly issued
  • An award of the Director under WIBA that is not founded on a work-related accident as defined in Section 2 of WIBA is invalid and unenforceable

Court orders

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  1. 1.The application dated 27 March 2024 is dismissed
  2. 2.Costs to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, 2011

Relief refused

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Adoption of the Director's award of Kshs. 2,020,237.33 as judgment of the court, with interest and costs

The accident was not work-related as defined under Section 2 of WIBA; the applicant was compensated under the Group Personal Accident cover for injuries outside employment scope, rendering the award invalid and unenforceable

p. 6

Costs

Costs to the respondent

Quotable passages

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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 court is not left without its overriding powers under Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act, 2011 to enforce the awards of the director under WIBA where properly issued.
p. 5Jurisdiction to enforce Director's awards under WIBA
The applicant was in a private car and had an accident outside the workplace.
p. 4Work-related accident defined
The motions of the director's inquiry under WIBA are not mechanical. They are not meant to move papers from one ofice to the next.
p. 5Director's statutory duty of inquiry
Accordingly, the application dated 27 March 2024 is without merit and is hereby dismissed. Costs to the respondent.
p. 6Final orders - dismissal and costs

Issues in the judgment

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minor

The judgment invokes 'Section 12 of the Employment and Labour Relations Act, 2007' which the judgment itself notes is non-existent

minor

The registration number of the private vehicle appears inconsistently as KAQ 444D and KAG 444D within the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Randani v Kenya Ports Authority (Miscellaneous Application E034 of 2024) [2024] KEELRC 1576 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1576/eng@2024-06-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.