29/04/2023
Practice Directions on Claims Related to Work Injuries and Diseases, 2023
The Chief Justice and President of the Supreme Court issued on 24 April 2023 the “Practice Directions relating to pending court claims for compensation for work related injuries and diseases instituted prior to the Supreme Court decision in Law Society of Kenya v. Attorney General & Another, Petition No. 4 of 2019; [2019] eKLR” vide Gazette Notice No. 5476.
The Practice Directions are three-staged. First, all claims for compensation for work injuries and diseases filed in various courts before the commencement of the Work Injury Benefits Act (WIBA) are to proceed to conclusion under the Workmen’s Compensation Act, Cap 236 (Repealed). Consequently, any such pending judgments and rulings before the Employment and Labour Relations Court and Magistrates Court are to be delivered by the same courts.
Second, all claims for compensation for work injuries and diseases filed in various courts under the WIBA and before the Supreme Court decision are to proceed to conclusion before the same courts. Consequently, any such pending judgments and rulings before the Employment and Labour Relations Court and Magistrates Court are to be delivered by the same courts.
Third, all claims for compensation for work injuries and diseases filed in various courts under the WIBA and after the Supreme Court decision shall commence before the Director of Occupational Safety and Health Services. As such, any appeals against the decisions of the Director of Occupational Safety and Health Services shall lie before the Employment and Labour Relations Court, and shall be heard and determined through the appropriate appellate mechanism within the judicial hierarchy.
The Practice Directions grant Courts the discretion to award penalties for non-compliance.
