https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1512

Imbayi v Uzuri Foods & another (Employment and Labour Relations Miscellaneous E333 of 2025) [2026] KEELRC 1512 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1512 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Employment and Labour Relations Miscellaneous E333 of 2025 HS Wasilwa, J June 4, 2026 Between Godfrey Imbayi Applicant and Uzuri Foods 1st Respondent Directorate of Occupational Safety and Health Services 2nd Respondent Ruling 1.The applicant filed a notice of motion application dated 5th September 2025 seeking orders: -1.That this Honorable Court be pleased to adopt as a judgment of this court the award made by the Directorate of Occupational Safety and Health Officer on 13th June 2025.2.That judgment be entered for the applicant against the 1st respondent for kenya shillings seven hundred and ten thousand four hundred and eighty-one. (Kshs. 710,481.00/-) being the amount assessed under the Work Injury Benefits Act.3.That the honorable court be pleased to award interest on the amount from the date of assessment until payment in full.4.That costs of this suit be borne by the 1st respondent.5.That this honorable court be pleased to award any other relief this court may deem fit and just to grant. Applicant’s Case 2.The applicant avers is that he was employed by the 1st respondent as a General Worker. In the course of his employment, he sustained injuries on 6th September 2023. 3.The applicant states that on 13th June 2025, the 2nd respondent assessed the damages arising from the said injury and awarded him a sum of Kshs. 710,481. He asserts that the award was duly communicated to the 1st respondent. 4.It is the applicant’s case that he is satisfied with the award made by the 2nd respondent and that the statutory period within which the 1st respondent could lodge an appeal against the award has since lapsed without any appeal being filed. 5.The applicant contends that despite being notified of the award, the 1st respondent has failed and/or neglected to make any effort towards settlement of the decretal sum. Further, the statutory timeline for payment has also expired and no challenge has been preferred against the award. 6.The applicant asserts that the present application has been brought in good faith and in the interest of justice. 7.He states that the adoption of the award as an order of the court will enable him enforce the compensation awarded by the 2nd respondent. 8.It is the applicant’s case that no prejudice will be occasioned to any of the respondents, particularly the 1st respondent, if the award is adopted as an order of the court. He therefore urges the court to exercise its powers and grant the orders sought in the interests of justice. Applicant’s Submissions 9.The applicant submitted that this court is properly seized of jurisdiction to hear and determine the application by virtue of article 162(2)(a) of the Constitution and the provisions of the Work Injury Benefits Act (WIBA). He argued that the court has jurisdiction to enforce and adopt awards arising from employment-related injuries assessed under the statutory framework established by WIBA. 10.The applicant submitted that he has satisfied all the legal requirements necessary for the adoption of the award. He maintained that he was an employee of the 1st respondent and sustained injuries in the course of his employment on 6th September 2023. Following the injury, the claim was duly lodged and processed before the Director of Occupational Safety and Health Services (DOSHS), the 2nd Respondent herein. 11.It Is the applicant’s submission that upon assessment of the claim, DOSHS issued an award in his favour in the sum of Kshs. 710,481 on 13th June 2025; and the 1st respondent was duly notified of the award and demand for payment was made. 12.The applicant argued that the statutory period of ninety (90) days within which an appeal could be lodged against the award has since lapsed without any appeal having been filed by the 1st respondent. Therefore, the award become final, unchallenged and legally enforceable. 13.The applicant further submitted that the purpose of adoption proceedings is to facilitate enforcement of statutory awards lawfully issued under the Work Injury Benefits Act. He contended that the award was regularly and lawfully issued by the 2nd respondent, no appeal was preferred against it, and despite demand, the 1st respondent has unreasonably delayed settlement and failed to comply with its statutory obligations. 14.It was submitted that failure by the court to adopt the award would undermine the objectives of the Work Injury Benefits Act, whose purpose is to ensure prompt compensation of employees who sustain injuries in the course of employment. The applicant therefore urged the court to facilitate realization of the statutory compensation by adopting the award as a judgment of the court. 15.On interest and costs, the applicant submitted that he is entitled to interest on the award from the date of assessment, being 13th June 2025, until payment in full. Such an award is justified because the 1st respondent has failed to settle the award despite being notified and demanded to do so. He further submitted that he has been compelled to incur legal expenses in seeking enforcement of a lawful entitlement and is therefore entitled to the costs of the application. 16.The applicant consequently submitted that he has established his case on a balance of probabilities and urged the court to adopt the DOSHS award dated 13th June 2025 as a judgment of the court, enter judgment in the sum of Kshs. 710,481, award interest from the date of assessment until payment in full, grant costs of the application and issue such further orders as the court may deem fit and just. 17.I have examined the averments of the applicant herein. He seeks adoption of the Director’s award as judgment of this court. The application stands unopposed and the respondent though served has failed to defend or oppose this application. 18.I therefore allow this application and adopt the Director’s award of Kshs. 710,481/- as a judgment of this court as against the respondents with costs. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 4TH DAY OF JUNE, 2026.HELLEN WASILWAJUDGE