[2022] KEELRC 156 (KLR)
The court found that the applicant was an employee of the 1st respondent and had suffered injuries in the course of duty. The Director of Occupational Safety and Health Service assessed the injuries and awarded compensation to the applicant. The 1st respondent did not pay the award nor file any appeal against it. No...
Source-derived case information.
- Citation
- [2022] KEELRC 156 (KLR)
- Parties
- Applicant: Ford Amuguni Kitutsi; Respondent: Laboratory and Allied Limited; Respondent: Directorate of Occupational Safety and Health Service Nairobi County
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E221 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Enforcement of Statutory Award
- Outcome
- application granted
- Judges
- MN Nduma
- Legal Topics
- Workplace Injury Compensation, Enforcement of Awards, Occupational Safety, 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
Ford Amuguni Kitutsi
Applicant
Laboratory and Allied Limited
Respondent
Directorate of Occupational Safety and Health Service Nairobi County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Enforcement of Statutory Award
Legal Issues
- 1 Whether the applicant is entitled to enforcement of the DOSH award for workplace injury compensation.
- 2 Whether there is any legal impediment to adopting the DOSH award as a judgment of the court.
Ratio Decidendi
The court found that the applicant was an employee of the 1st respondent and had suffered injuries in the course of duty. The Director of Occupational Safety and Health Service assessed the injuries and awarded compensation to the applicant. The 1st respondent did not pay the award nor file any appeal against it. No opposition was filed to the enforcement application. The court held that, in the absence of an appeal or any legal impediment, the award should be adopted as a judgment of the court and enforced accordingly. The court further awarded costs of the application to the applicant against the 1st respondent.
Court Disposition
application granted
Orders
- The award for compensation by the 2nd respondent in favour of the applicant in the sum of Kshs. 685,753.84 is adopted as a judgment of this court.
- Costs of the application are awarded against the 1st respondent.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISCELLANEOUS APPLICATION NUMBER E221 OF 2021
FORD AMUGUNI KITUTSI.................................................................APPLICANT
VERSUS
LABORATORY AND ALLIED LIMITED..............................1ST RESPONDENT
DIRECTORATE OF OCCUPATIONAL SAFETY
AND HEALTH SERVICE NAIROBI COUNTY.....................2ND RESPONDENT
RULING
1. The applicant seeks to enforce an award of the Director of Occupational Safety and Health Service (DOSH) in the sum of Kshs 685,753. 84 in the applicant’s claim form Reference Number WIBA/NRB/070/2020.
2. It is not in dispute that the applicant was an employee of the 1st respondent at the time he suffered injuries in course of duty.
3. It is also not in dispute that a report of the accident that led to the work injuries was duly made and assessment done by the 2nd respondent and an award granted to the applicant.
4. The applicant has not been paid the award to-date by the 1st respondent nor its insurer, hence the application.
5. The Court has not received any opposing affidavit by the respondents and finds no impediment whatsoever in adopting the award of the 2nd respondent in favour of the applicant as an order of this Court.
6. If the 1st respondent was not satisfied with the award of the Director would have filed an appeal to this Court.
7. We are not aware of any such appeal filed against the award herein.
8. Accordingly, the application is granted and the Court makes the following final orders:-
(a) The award for compensation by the 2nd respondent in favour of the Applicant in the sum of Kshs. 685,753. 84 is adopted as a judgment of this Court.
(b) Costs of the application are awarded against the 1st respondent.
DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF APRIL, 2022
MATHEWS N. NDUMA
JUDGE
ORDER
In view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
MATHEWS N. NDUMA
JUDGE
APPEARANCES
OKOTH OBERA FOR APPLICANT
EKALE – COURT ASSISTANT