Barasa v Ready Consultancy Limited & another [2022] KEELRC 12852 (KLR) | Workplace Injury | Esheria

Barasa v Ready Consultancy Limited & another [2022] KEELRC 12852 (KLR)

Full Case Text

Barasa v Ready Consultancy Limited & another (Miscellaneous Case E017 of 2021) [2022] KEELRC 12852 (KLR) (14 October 2022) (Ruling)

Neutral citation: [2022] KEELRC 12852 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Eldoret

Miscellaneous Case E017 of 2021

NJ Abuodha, J

October 14, 2022

Between

Wycliffe Wawire Barasa

Claimant

and

Ready Consultancy Limited

1st Respondent

Eldoret Grains Limited

2nd Respondent

Ruling

1. By a motion dated July 28, 2021 the claimant applicant sought orders of the court to adopt for purposes of enforcement the award by the Director Occupational Health and Safety given at Eldoret office WIBA/ELD/1824 on June 17, 2017.

2. The 2nd respondent did not seem to directly oppose the application but alleged that the matter was subjudice since there was similar suit pending between the parties being Eldoret CMMC No 518 of 2018. The 2nd respondent further objected to the application stating they were wrongly joined in the suit. According to the 2nd respondent, the claimant/applicant was at all material times never an employer of the 2nd respondent. The 2nd respondent only contracted the 1st respondent to source and supply causal labourer. The 2nd respondent exhibited in its application dated October, 2021 a copy of the labour outsource contract between the 2nd respondent and the 1st respondent. According to paragraph 8 of the contract, the 1st respondent was to be responsible for their employees injuries.

3. From the foregoing, the court will allow the application dated July 28, 2021 to the extent that the court will adopt the Director Occupational Health and Safety Award given at Eldoret office WIBA/ELD/1824 dated June 17, 2017 as a judgment of the court and a decree will issue therefrom for purposes of enforcement.

4. The court will however strike out from the application the 2nd respondents since all the documents in support of this application (dated July 28, 2021) and the application dated December 2, 2021 clearly show that the claimant was an employee of the 1st respondent. There will be no order as to costs.

5. It is so ordered

DATED AND DELIVERED AT ELDORET THIS 14THDAY OF OCTOBER, 2022ABUODHA NELSON JORUMJUDGE ELRC