This archive report was first published on 5 December 2019.
On December 5, 2019, the Supreme Court delivered a verdict on a matter that had been pending before it, upholding the Work Injury Benefits Act (Wiba) as constitutional.
Chief Justice David Maraga and justices Mohamed Ibrahim, Njoki Ndung'u, Smokin Wanjala, and Isaack Lenaola found that the lower court had erred in delivering judgment on the matter while an appeal was being heard by the apex court.
“We are greatly dismayed that the learned judge did not take judicial notice of the pendency of this appeal although he was aware of it,” the judges ruled.
The court agreed with the Central Organisation of Trade Unions (Cotu) and the Attorney General, stating that allowing medical professionals to assess the extent of injuries had helped to settle disputes that would have swamped the courts.
“It is therefore evident that Wiba’s purpose is a noble one. It is meant to offer protection to employees should they get injured or contract diseases in the course of their duties,” the court stated.
