https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2320

**REPUBLIC OF KENYA** **IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KAKAMEGA** **MISC. APPLICATION NO. E007 OF 2026** **GLADYS AKUMU RAPANDO…………………….…..APPLICANT** **VERSUS** **THE COUNTY GOVERNMENT OF KAKAMEGA………………………….………………RESPONDENT** **(BEFORE HON. JUSTICE DAVID NDERITU)** **RULING** 1. **INTRODUCTION** 2. The Applicant, through Harry Songa Advocates, filed undated Notice of Motion (the application) seeking for the following orders – 1. ***That the award made by the Director of Occupational Safety and Health Services dated 27th May 2025 in favour of the Applicant in the sum of Kshs4,548,128.00.00/= (Four million five hundred and forty-eight thousand one hundred twenty-eight shillings).*** 2. ***That the judgement entered in favour of the Applicant against the Respondent in the sum of Kshs4,548,128.00/=.*** 3. ***That an order of execution be issued against the Respondent for the said sum together with interest thereon from the date of the award until payment in full.*** 4. ***That costs of this application be borne by the Respondent.*** 5. ***That any further or other orders that this Honorable Court may deem just and expedient to grant.*** 3. The application is expressed to be brought *under* ***Article 162(2) of Constitution; Section 12 of the Employment and Labour Relations Court Act, Section 26, 51 and 52 of the Work Injury Benefits Act, 2007; Rule 17 of Employment and Labour Relations Court (Procedure) Rules and all other enabling provisions of the law.*** 4. The application is based on the grounds on the face of it and supported with the affidavit of the Applicant, sworn on 13th April 2026, with several annexures thereto. 5. The Respondent did not respond despite having been duly served. 6. **EVIDENCE** 7. In the supporting affidavit, it is deposed that the Applicant was an employee of the Respondent as a Senior Registered nurse. It is deponed that the Applicant sustained injuries in the course of her employment with the Respondent that rendered her permanently disabled. 8. It is deposed that the Applicant lodged a claim under the *Work Injury Benefits Act* (WIBA) and that upon assessment, the Director of Occupational Safety and Health Services (DOSH) made an award in her favour dated 25th May 2025 in the sum of Kshs4,548,128/=. 9. **ISSUES OF DETERMINATION** 10. The factual background to this application has been set out by the Applicant and her counsel as per the summary in the preceding parts of this ruling. The gist of this application is that the Applicant was awarded by DOSH as alluded to above against the Respondent who has not settled the award. 11. There is no evidence that the Respondent objected to the award or appealed the same; notwithstanding that it was duly notified and demanded of it to settle the same. 12. Upon the court considering the evidence availed by way of the supporting affidavit, the issues for determination are- 13. ***Whether the Respondent is liable for settlement of the award of Kshs4,548,128.00/= made by DOSH.*** 14. ***Costs.*** 15. **LIABILITY** 16. Having assessed the compensation payable to the Applicant, DOSH communicated the same to the Respondent and demanded for payment in a notice dated 25th May 2025. The Respondent did not object to or appeal the award. The sum of Kshs4,548,128/= awarded to the Applicant has not been settled by the Respondent as demanded. The same is now overdue. 17. The application has merits and the same is allowed as hereunder. 18. **ORDERS** 19. The Court orders that – 20. ***The award of Kshs4,548,128/= made by the Director is hereby adopted and a judgement entered therefor in favour of the Applicant against the Respondent.*** 21. ***The award in (a) above shall attract interest from the date the award was made by the Director till payment in full.*** 22. ***Costs of the application to the Applicant.*** 23. ***A decree shall issue accordingly.*** **DELIVERED VIRTUALLY, DATED, AND SIGNED AT KAKAMEGA THIS 30TH JULY 2026.** **……………………………………..** **DAVID NDERITU** **JUDGE**