[2025] KEELRC 1568 (KLR)

[2025] KEELRC 1568 (KLR)

The court found that the applicant was injured in the course of employment and that the Director of Occupational Safety and Health made an award of Kshs 813,340/- on 11 March 2024. The respondent failed to object to the award within the 30-day period stipulated by section 52(2) of the Work Injury Benefits Act and...

Source-derived case information.

Citation
[2025] KEELRC 1568 (KLR)
Parties
Applicant: Gilbert Kiprotich Murei; Respondent: Elite Tools Ltd
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Miscellaneous Application E307 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Motion to Adopt Director's Award as Judgment
Outcome
motion allowed; director's award adopted as judgment; interest and costs awarded to applicant
Judges
S Radido
Legal Topics
Work Injury Benefits, Compensation Awards, Adoption of Awards
Source Language
english
Employment and Labour Work Injury Benefits Compensation Awards Adoption of Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gilbert Kiprotich Murei

Applicant

Elite Tools Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Motion to Adopt Director's Award as Judgment

Legal Issues

  1. 1 Whether the Director of Occupational Safety and Health's award should be adopted as a judgment of the court.
  2. 2 Whether the respondent's failure to object to the award within the statutory period renders the award final and enforceable.
  3. 3 Whether interest and costs should be awarded to the applicant.

Ratio Decidendi

The court found that the applicant was injured in the course of employment and that the Director of Occupational Safety and Health made an award of Kshs 813,340/- on 11 March 2024. The respondent failed to object to the award within the 30-day period stipulated by section 52(2) of the Work Injury Benefits Act and did not notify the Director of any part settlement. As a result, the award became final and enforceable. The court held that there was no reason not to allow the motion, and adopted the Director's award as a judgment of the court, with interest at court rates from 22 October 2024 and costs to the applicant.

Court Disposition

motion allowed; director's award adopted as judgment; interest and costs awarded to applicant

Orders

  • The award dated 11 March 2024 by the Director of Occupational Safety and Health Services in the sum of Kshs 813,340/- is adopted as a judgment of the court.
  • The award shall attract interest at court rates from 22 October 2024.