28th April, 2023 THE KENYA GAZETTE 1889

NJARAMBA GICHUKI (DR.) THE WORK INJURY BENEFITS ACT

to be Chairperson of the National Civil Aviation Administrative (No. 13 of 2007)
Review Tribunal, for a term of three (3) years, with effect from the 6th
April, 2023. PRACTICE DIRECTIONS RELATING TO PENDING COURT CLAIMS
REGARDING COMPENSATION FOR WORK RELATED INJURIES AND
MARTHA K. KOOME, DISEASES INSTITUTED PRIOR TO THE SUPREME COURT DECISION IN
Chief Justice/Chairperson, Judicial Service Commission.
LAW SOCIETY OF KENYA VS. ATTORNEY GENERAL AND ANOTHER,
PETITION NO. 4 OF 2019; (2019) EKLR
GAZETTE NOTICE NO. 5473 IN EXERCISE of the powers conferred under Articles 159 (2) and
161 (2) (a) of the Constitution of Kenya, section 10 of the Judicature
THE NAIROBI INTERNATIONAL FINANCIAL CENTRE ACT Act, and Section 5 (1) and 2 (c) of the Judicial Service Act, the Chief
(No. 25 of 2017) Justice issues the following Practice Directions—

APPOINTMENT Citation
IN EXERCISE of the powers conferred by section 35 (1) (b) of 1. The Practice Directions may be cited as “Practice Directions
the Nairobi International Financial Centre Act, 2017, the Judicial relating to pending court claims for compensation for work related
Service Commission appoints— injuries and diseases instituted prior to the Supreme Court decision in
Law Society of Kenya v. Attorney General & Another, Petition No. 4
Debra Ajwang,
Karumba Kinyua, of 2019; [2019] eKLR” (hereinafter referred to as the Supreme Court
Kithinji Sylvia, decision)
Michoma Beth Kemunto, Commencement
to be members of the Financial Centre Tribunal, for a term of three (3)
2. These Practice Directions shall come into force upon the date of
years, with effect from the 6th April, 2023.
issue.
MARTHA K. KOOME,
Chief Justice/Chairperson, Judicial Service Commission. Application
3. The Practice Directions shall apply to the Employment and
Labour Relations Court and Magistrates appointed and gazzetted by
GAZETTE NOTICE NO. 5474 the Chief Justice pursuant to section 29 (3) and (4) of the Employment
THE SPORTS DISPUTES TRIBUNAL ACT and Labour Relations Act, 2011 to preside over cases involving
employment and labour relations.
(No. 25 of 2013)
Objectives
APPOINTMENT
4. The Objectives of the Practice Directions are to—
IN EXERCISE of the powers conferred by section 55 (2) of the
Sports Disputes Tribunal Act, 2013, the Judicial Service Commission (a) consolidate and standardize practice and procedure in the
appoints— Employment and Labour Relations Court and the Magistrates
Courts in relation to claims for compensation for work related
MURUNGA BENARD WAFULA MUNYEFU
injuries and diseases instituted prior to the Supreme Court
to be a member of the Sports Disputes Tribunal, for a non-renewable decision dated 3rd December, 2019, which are pending in
term of five (5) years, with effect from the 6th April, 2023. courts;
MARTHA K. KOOME, (b) enhance access to justice;
Chief Justice/Chairperson, Judicial Service Commission.
(c) facilitate timely and efficient disposal of cases that were filed
prior to the Supreme Court decision; and
GAZETTE NOTICE NO. 5475 (d) ensure uniformity in court experience.
THE POLITICAL PARTIES ACT Judgment of the Supreme Court
(No. 11 of 2011) 5. The Supreme Court vide a judgment rendered on 3rd December,
APPOINTMENT 2019, determined that sections 16, 23 (1), 25 (1) and (3), 52 (1) and (2)
as well as section 58 (2) of the Work Injury Benefits Act (WIBA) are
IN EXERCISE of the powers conferred by section 39 (2) (b) of consistent with the former Constitution and the Constitution 2010,
the Political Parties Act, 2011, the Judicial Service Commission specifically;
appoints—
(a) Section 16 as read with sections 23 and 52 of the WIBA does
Abdirahman Adan Abdikadir,
not limit access to courts but creates a statutory mechanism
Jin Mohamed Huzna,
where any claim by an employee under the Act is subjected,
to be members of the Political Parties Disputes Tribunal, for a non- initially, to a process of alternative dispute resolution
renewable term of six (6) years, with effect from the 6th April, 2023. mechanism starting with an investigation and award by the
Director of Occupational Safety and Health Services and
MARTHA K. KOOME,
thereafter, under section 52 an appeal mechanism to the
Chief Justice/Chairperson, Judicial Service Commission.
Employment and Labour Relations Court (formerly the
Industrial Court).
GAZETTE NOTICE NO. 5476 (b) Retrospective operation of statutes is not per se illegal or in
contravention of the Constitution and section 58 (2) clearly
THE CONSTITUTION OF KENYA
expresses the intention that the Act shall apply
THE JUDICATURE ACT retrospectively. Consequently, section 58 (2) of the Act does
not take away the right to legal process, or extinguish access
(Cap. 8) to the courts or to take away property rights without due
THE JUDICIAL SERVICE ACT process.

(No. 1 of 2011) (c) Be that as it may, claimants with pending cases have
legitimate expectation that upon the passage of the Act their
THE EMPLOYMENT AND LABOUR RELATIONS COURT ACT cases would be concluded under the judicial process
(No. 20 of 2011) invoked.
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1890 THE KENYA GAZETTE 28th April, 2023

(d) Also noting that many claims have not been finalized and due APPOINTMENT
to passage of time, it has not been feasible to withdraw them
and follow the alternative dispute resolution route. Further, IN EXERCISE of the powers conferred by section 6 (1) (a) of the
considering the resolution passed by the Law Society of Biosafety Act, 2009, the Cabinet Secretary for Education appoints—
Kenya’s meeting held on 21st March, 2023 urging that
JENESIO KINYAMARIO (PROF.)
practice directions be issued for all pending claims be
finalized in the respective courts. to be the Chairperson of the National Biosafety Authority, for a period
of three (3) years, with effect from the 7th August, 2020. Gazette
Consequently,
Notice No. 5459 of 2020 is revoked.
6. (a) All claims with respect to compensation for work related
injuries and diseases filed in various courts before the commencement Dated the 27th April, 2023.
of WIBA shall proceed to conclusion under the Workmen’s EZEKIEL MACHOGU,
Cabinet Secretary for Education.
Compensation Act, Cap 236 (repealed).
(b) All judgments and rulings relating to work related injuries
claims pending before the Employment and Labour Relations GAZETTE NOTICE NO. 5478
Court and the Magistrates Court shall be delivered by the same
court. THE POSTAL CORPORATION OF KENYA ACT
(No. 3 of 1998)
Claims Filed after Commencement of WIBA but before the Supreme
Court decision APPOINTMENT
7. Taking into account that High Court vide its judgment dated 4th IN EXERCISE of the powers conferred by section 6 (1) (a) of the
March, 2009 in Law Society of Kenya v. Attorney General & Another Postal Corporation of Kenya Act, 1998, the Cabinet Secretary for
(2009) eKLR declared some of the provisions in WIBA including Information, Communications and Digital Economy appoints—
Sections 16, 23(1) and 52, which prescribe the procedure for lodging
ROSE AUMA NYAMUNGA
claims under the Act unconstitutional. Consequently, the said
declaration of nullity created a legitimate expectation that claimants to be the Chairperson of the Board of the Postal Corporation of Kenya,
could directly lodge claims for compensation for work related injuries for a period of three (3) years, with effect from the 27th April, 2023.
and diseases in court. As such, litigants cannot be penalized for relying Gazette Notice No. 8267 of 2022 is revoked.
on the declaration of nullity, as appreciated by the Supreme Court in
Attorney-General and 2 Others v Ndii and 79 Others; Prof. Rosalind Dated the 27th April, 2023.
ELIUD OWALO,
Dixon and 7 Others (Amicus Curiae) (Petition 12, 11 and 13 of 2021
Cabinet Secretary for Information,
(Consolidated)) [2022] KESC 8 (KLR) to lodge their claims in court. Communications and Digital Economy.
Therefore,
(a) All claims with respect to compensation for work related
injuries and diseases filed after the commencement of WIBA GAZETTE NOTICE NO. 5479
and before the Supreme Court decision at the Employment and
THE WATER ACT
Labour Relations Courts or the Magistrates’ Courts shall
proceed until conclusion before the said courts. (No. 43 of 2016)
(b) All pending judgments and rulings relating to compensation ATHI WATER WORKS DEVELOPMENT AGENCY
for work related injuries and diseases before the Employment
and Labour Relations Court and the Magistrates’ Courts shall APPOINTMENT
be delivered by the same court. IN EXERCISE of the powers conferred by section 66 (1) (b) of the
Water Act, the Cabinet Secretary for Water, Sanitation and Irrigation
Claims Filed after the Supreme Court Decision appoints—
8. (a) All claims with respect to compensation for work related James Wainaina (Eng.),
injuries and diseases shall commence before the Director of Felistus Wangari Mwangi,
Occupational Safety and Health Services. Simon Eric Mukhwana,
David Kipkorir Kemboi,
(b) All appeals emanating from the decision of the Director of
Occupational Safety and Health Services shall lie before the as members of Board of Directors of the Athi Water Works
Employment and Labour Relations Court. Development Agency, established vide Legal Notice No. 28 of 26th
April, 2019, to serve upto 4th July, 2025, with James Wainaina (Eng.)
(c) Such appeal shall be heard and determined through the serving upto 13th April, 2025. Gazette Notice Nos. 4312 and 8019 of
appropriate appellate mechanism within the judicial hierarchy. 2022 are revoked.
Sanctions for Non-Compliance Dated the 27th April, 2023.
ALICE WAHOME,
9. Non-compliance with these Directions shall result in such Cabinet Secretary for Water, Sanitation and Irrigation.
penalty as the Courts may order.
Miscellaneous
GAZETTE NOTICE NO. 5480
10. The Chief Justice may amend these Practice Directions from
time to time. THE PUBLIC FINANCE MANAGEMENT ACT

Dated the 24th April, 2023. (No. 18 of 2012)

MARTHA K. KOOME, THE PUBLIC FINANCE MANAGEMENT (UWEZO FUND)

Chief Justice and President of the Supreme Court. REGULATIONS, 2014
(L.N. 21 of 2014)
APPOINTMENT
GAZETTE NOTICE NO. 5477
IN EXERCISE of the power conferred by section 15 (5) of the
THE BIOSAFETY ACT Public Finance Management (Uwezo Fund) Regulations, 2014, the
Cabinet Secretary shall appoint the persons whose names are set out in
(No. 2 of 2009) the Schedule hereto, to be members of the Constituency Uwezo Fund
Committee of the Constituencies set out in the Schedule hereto, for a
THE NATIONAL BIOSAFETY AUTHORITY period of three (3) years, with effect from the 1st November, 2022.