[2020] KEELRC 1873 (KLR)
The court found that the claimant was injured in the course of his employment, and that the degree of permanent incapacity and the quantum of damages had been duly assessed by the County Occupational Health and Safety Officer. As the respondent failed to contest the assessment or the application, the court accepted...
Source-derived case information.
- Citation
- [2020] KEELRC 1873 (KLR)
- Parties
- Claimant: Daud Nur Haji; Respondent: Wajir County Assembly Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 50 of 2019
- Procedural Posture
- Miscellaneous Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- AN Makau
- Legal Topics
- Workplace Injury, Compensation for Injury, Permanent Incapacity, Employer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daud Nur Haji
Claimant
Wajir County Assembly Service Board
Respondent
Procedural Posture
Miscellaneous Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to compensation for injuries sustained in the course of employment.
- 2 Whether the assessment of permanent incapacity and quantum of damages by the Occupational Health and Safety Officer is binding on the court.
Ratio Decidendi
The court found that the claimant was injured in the course of his employment, and that the degree of permanent incapacity and the quantum of damages had been duly assessed by the County Occupational Health and Safety Officer. As the respondent failed to contest the assessment or the application, the court accepted the assessment as conclusive and entered judgment in favour of the claimant for the assessed sum, plus costs and interest. The court emphasized that uncontested expert assessments and unopposed applications warrant judgment as prayed, provided procedural requirements are met.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the claimant for Kshs. 2,975,904.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
MISC CAUSE NO. 50 OF 2019
DAUD NUR HAJI..................................................................CLAIMANT
VERSUS
WAJIR COUNTY ASSEMBLY SERVICE BOARD......RESPONDENT
JUDGMENT
1. The Claimant is employed by the respondent as Deputy Sergeant at Arms On 14. 2.2018, while on duty on the floor of the county Assembly he was injured by county officials rising chairs and suffered deep cuts in his right hand fingers.
2. After the ordeal, the claimant was treated and on 18/6/2018, the County Occupational Health and Safety Officer, Garissa assessed the degree of permanent incapacity as 30% and based on the claimants monthly salary of Kshs. 103,330, assessed the compensation payable to the claimant at Kshs. 2,975,904 as per DOSH/WIDA4 filed as DEX – 3.
3. On 13. 5.2019 the claimant, filed Notice of Motion dated 9. 5.2019 praying that court enters judgment for him in terms of the quantum of damages assessed by the Occupational Health and Safety Officer. He amended the Notice of Motion on 11. 7.2019 to correct the name of the respondent.
4. The respondent was served with both the original and the amended motion but never filed any response in opposition to the motion. Consequently, and on the basis of the uncontested assessment of both the degree of permanent incapacity and the quantum of damages payable, I proceed to enter judgment in favour of the claimant and against the respondent in the sum of Kshs. 2,975,904 plus costs and interest at court rate from the date of filing application herein.
Dated, signed and delivered in Nairobi in open court this 17th day of January, 2020.
ONESMUS MAKAU
JUDGE