Law Society of Kenya has appointed a eight member committee on the Work Injuries Benefits Act of 2007 (WIBA).
In a statement issued by the LSK CEO Mercy Wambua, she said the committee consist of South Eastern branch chair and chair of the committee Justus Mutia, Council member Herine Kabita, lawyers Esther Angawa, Janet Maina, Ramadhan Abubakar , Beatrice Sawe , George Muriu and Asha Bashir.
The eight member committee will further establish the number of claims pending in court and outstanding fees owed to the advocates from insurance companies and their clients and provide the necessary recommendations to the council.
The committee is expected to submit it report within 30 days due to the urgency of the matter.
Members of LSK were urged to accord the committee all the necessary support towards the fulfilment of its mandate.
The appointment comes after the council convened a brainstorming session following a Supreme Court judgement in a case involving LSK, Attorney General and Central Organization of Trade Unions on December 18,2019.
The supreme court dismissed appeal by the society and upheld appellate court decision by Justice Philip Waki, Stephen Makhandia and William Ouko.
Law Society filed appeal challenging the decision of the appellate court of the three judge bench dated November 17,2017.
The court of appeal reversed the order of the High court that had declared section 4;7(1) and (2);10(4); 16;21(1); 23(1); 25(1) and (3); 52(1) and and (2) and 58(2) of the Work Injuries Benefit Act of 2007 null and avoid as they contravened certain sections of the former constitution.
According to the LSK CEO, the committee mandate will be analysing the supreme court judgement and its import on access to justice and administration and convening necessary meetings with relevant stakeholders with view to finding a solution to the challenges facing the implementation of WIBA Act.
Further, the Commitee will review the work Injury Benefit Act of 2007 and the framework of handling WIBA cases before the Director of Occupational Safety and Health Services at the Ministry of labour.
CEO Wambua also added that the committee will collect data from members and relevant stakeholders on the cases already filed before the Director of Occupational Safety and Healthy Services and the progress made in handling the cases.
