Kung’u v Board of National Health Insurance Fund; Ministry of Interior and National Administration & another (Interested Parties) (Cause 1006 of 2023) [2024] KEELRC 2026 (KLR)
The bottom line
#A Kenyan court ruled that neither the Employment and Labour Relations Court nor the High Court can enforce a Director of Work Injury award.
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 E&LRC has jurisdiction to adopt and enforce an award of the Director of Work Injury
- 2.Whether the Claim can be transferred to the High Court, which the Claimant proposed has jurisdiction
Key legal issues
#Jurisdiction of the E&LRC to adopt awards of the Director of Work Injury
The Court lacks jurisdiction; its role under WIBA is appellate only and does not extend to enforcement of the Director's awards
Jurisdiction is conferred by the Constitution or statute. The Work Injury Benefits Act spells out its own procedure for making and paying awards and creates an appellate system through Sections 51 and 52, with the E&LRC as appellate forum. No provision confers enforcement jurisdiction on the E&LRC or the High Court, and the Act never mentions the High Court.
Whether the Claim could be transferred to the High Court
The transfer proposal failed for want of legal foundation since the High Court has no enforcement jurisdiction under WIBA either
The Act makes no mention of the High Court anywhere, and no other written law conferring such jurisdiction was brought to the Court's attention. It would also be inconceivable for an award adopted by the High Court to remain appealable at the E&LRC.
Rationale for the absence of an enforcement mechanism
The procedural gap was a deliberate legislative choice to keep courts and practitioners at arm's length from work injury claims
The social partners who authored the Act intended to protect the employer-employee relationship from ambulance chasers common in personal injury claims; the only judicial interaction permitted is appeal of the Director's awards at the E&LRC, and that interaction ends with the appellate procedure.
Legal principles established
#- Neither the E&LRC nor the High Court has jurisdiction to enforce awards of the Director of Work Injury; the E&LRC's jurisdiction under WIBA is appellate only
Court orders
#- 1.The Claim herein is declined for want of jurisdiction.
- 2.No order on the costs.
- 3.The file is closed.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Jurisdiction under the Employment and Labour Relations Court's statutory mandate considered against the Work Injury Benefits Act, 2007; Court found no statutory jurisdiction to adopt/enforce awards of the Director of Work Injury
Relief refused
#Adoption of the Director of Work Injury award as Judgment of the Court
The Court found it has no jurisdiction under the Work Injury Benefits Act to enforce awards of the Director
Transfer of the Claim to the High Court
The proposal for transfer lacked legal foundation as the High Court also has no enforcement jurisdiction under the Act
Costs
No order on the costs.
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 Claim herein is declined for want of jurisdiction.
Neither the E&LRC or the High Court, has jurisdiction under the Work Injury Benefits Act, to enforce awards of the Director of Work Injury
the jurisdiction of the E&LRC, under the Work Injury Benefits Act, is appellate. The Court will only deal with Appeals, filed by Parties who are dissatisfied with the award of the Director.
No order on the costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kung’u v Board of National Health Insurance Fund; Ministry of Interior and National Administration & another (Interested Parties) (Cause 1006 of 2023) [2024] KEELRC 2026 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2026/eng@2024-08-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.