https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1842
The Court held that the work injury award was undisputed, unpaid, and unchallenged by way of statutory objection or appeal, and that jurisdiction to enforce such awards lies in the Employment and Labour Relations Court. On that basis, the Director's award was adopted as an order of the Court and enforcement granted...
Source-derived case information.
- Citation
- [2026] KEELRC 1842 (KLR)
- Parties
- Applicant: Luka Njite; Respondent: Handyman Staffing Solutions Limited
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E025 of 2026
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Adoption and Enforcement of Work Injury Award
- Outcome
- Application allowed
- Judges
- ["J Rika"]
- Legal Topics
- Work Injury Compensation, Adoption of Administrative Award as Judgment, Enforcement of Award, Jurisdiction, Interest and Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luka Njite
Applicant
Handyman Staffing Solutions Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption and Enforcement of Work Injury Award
Legal Issues
- 1 Whether the Director's work injury award could be adopted as a judgment of the Court
- 2 Whether the Court had jurisdiction to enforce the award
- 3 Whether the Respondent's failure to object or appeal barred resistance to enforcement
Ratio Decidendi
The Court held that the work injury award was undisputed, unpaid, and unchallenged by way of statutory objection or appeal, and that jurisdiction to enforce such awards lies in the Employment and Labour Relations Court. On that basis, the Director's award was adopted as an order of the Court and enforcement granted with interest and costs.
Court Disposition
Application allowed
Orders
- The award of the Director of Occupational Safety and Health dated 5 April 2023 is adopted as an order of the Court.
- The Respondent shall pay the Applicant Kshs. 842,329 being work injury benefit assessed by the Director.
Full Case Text
Judgment text and source record
1 paragraphs
Njite v Handyman Staffing Solutions Ltd (Miscellaneous Application E025 of 2026) [2026] KEELRC 1842 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1842 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Miscellaneous Application E025 of 2026 J Rika, J June 30, 2026 Between Luka Njite Applicant and Handyman Staffing Solutions Limited Respondent Ruling 1.The Applicant seeks that the award made in his favour by the Director of Occupational Safety and Health, on 5th April 2023, is adopted as a Judgment of the Court. 2.He was awarded Kshs. 842,329 for work injury, which has remained unpaid. 3.The Director issued a reminder upon the Respondent to settle the award, through a letter dated 16th May 2024. 4.The Respondent was reminded that settlement was long overdue under WIBA, which prescribes a period of 90 days, for settlement of awards, from the date the Employer receives the award in form 4, WIBA. 5.The Respondent did not settle, which necessitated the Applicant to seek the assistance of the Chief Magistrate’s Court on enforcement. The matter was transferred to the E&LRC on account of jurisdiction. 6.The application was last mentioned before this Court on 28th April 2026 when the Parties agreed that the application is considered and determined, on the strength of their affidavits and submissions. The Court Finds: - 7.There is no dispute that the Applicant was injured at work, and was the recipient of a work injury award, made by the Director on 5th April 2023. 8.The amount awarded is not contested. It has not been paid. The Respondent has received demands for payment, and was reminded by the Director, that settlement ought to have been made, within 90 days of receiving form DOSH/WIBA 4. 9.The Respondent did not file any objection with the Director, under Section 51 of WIBA. 10.There was no appeal filed in Court, under Section 52 of WIBA. 11.The Court of Appeal in Charles v. Cheto [2025] KECA 784 [KLR] has clarified jurisdiction on enforcement of work injury awards, vests in this Court. 12.Rule 69 of the E&LRC [Procedure] Rules, 2024, provides that where Parties are bound by a lawful decision /award reached in Alternative Justice System, a Party may file the decision / award for the adoption and enforcement as an order of the Court.It Is Ordered: -a.The award of the Director, Occupational Safety and Health, dated 5th April 2023, is adopted as an order of this Court.b.The Respondent shall pay to the Applicant Kshs. 842,329, in work injury benefit, as assessed by the Director.c.The Applicant is granted interest at court rate, from the date of the award, 5th April 2023, till payment is made in full.d.Costs of the Application to the Applicant. DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, UNDER RULE 68[5] OF THE E&LRC [PROCEDURE] RULES, 2024, THIS 30TH DAY OF JUNE, 2026.JAMES RIKAJUDGE