[2025] KEELRC 117 (KLR)
The court found that the applicant was entitled to have the compensation award made by the Directorate of Occupational Safety and Health Officer adopted as a judgment of the court, as the respondent had failed to pay the assessed sum within the statutory period and did not oppose the application despite being...
Source-derived case information.
- Citation
- [2025] KEELRC 117 (KLR)
- Parties
- Applicant: Boniface Mutie Muthiani; Respondent: Cyka Manpower Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion to Adopt Statutory Compensation Award as Judgment
- Outcome
- Application allowed. Motion granted as prayed.
- Judges
- S Radido
- Legal Topics
- Work Injury Benefits, Statutory Compensation, Judgment Adoption, Interest Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mutie Muthiani
Applicant
Cyka Manpower Services Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Motion to Adopt Statutory Compensation Award as Judgment
Legal Issues
- 1 Whether the court should adopt the Directorate of Occupational Safety and Health Officer's compensation award as a judgment of the court.
- 2 Whether judgment should be entered for the applicant for the assessed amount under the Work Injury Benefits Act.
- 3 Whether the applicant is entitled to interest from the date of assessment until payment in full.
Ratio Decidendi
The court found that the applicant was entitled to have the compensation award made by the Directorate of Occupational Safety and Health Officer adopted as a judgment of the court, as the respondent had failed to pay the assessed sum within the statutory period and did not oppose the application despite being served. The court further held that the applicant was entitled to judgment for the assessed amount, interest from the date of assessment until payment in full, and costs of the application. The absence of opposition or attendance by the respondent justified granting the orders as prayed.
Court Disposition
Application allowed. Motion granted as prayed.
Orders
- The award of the Directorate of Occupational Safety and Health Officer made on 20th November 2024 is adopted as a judgment of the court.
- Judgment is entered for the applicant against the respondent for Kshs 239,457/- being the amount assessed under the Work Injury Benefits Act.
Full Case Text
Judgment text and source record
23 paragraphs
Muthiani v Cyka Manpower Services Ltd (Miscellaneous Application E006 of 2025) [2025] KEELRC 117 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEELRC 117 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E006 of 2025
S Radido, J
January 27, 2025
Between
Boniface Mutie Muthiani
Applicant
and
Cyka Manpower Services Ltd
Respondent
Ruling
1. On or around 20 November 2024, the Director of Occupational Safety and Health assessed the compensation due to Boniface Mutie Muthiani (the applicant) in the sum of Kshs 239,457/-.
2. Under the Work Injury Benefits Act, the assessed compensation should be paid within 90 days.
3. Cyka Manpower Services Ltd (the Respondent) failed to make payment and the applicant moved to Court seeking orders:i.…ii.That the Honourable Court be pleased to adopt as a judgment of this Court the award of the Directorate of Occupational Safety and Health Officer made on 20th November 2024. iii.That judgment be entered for the applicant against the Respondent for Kshs 239,457/- being the amount assessed under the Work Injury Benefits Act.iv.That this Honourable Court be pleased to award interest on the amount from the date of assessment until payment in full.v.That this Honourable Court be pleased to award any other relief this Court may deem fit and just to grant.vi.That the costs of this application be awarded to the applicant.
4. When the Motion was placed before the Court on 14 January 2025, it directed the applicant to serve the Respondent ahead of hearing on 27 January 2025.
5. An affidavit of service sworn on 24 January 2025 and filed in Court shows that the Respondent acknowledged service.
6. Despite the service the Respondent did not file any response or attend the Court today.
Orders 7. Consequently, the Court will allow the Motion and grant orders:i.That the Honourable Court hereby adopts as a judgment of this Court the award of the Directorate of Occupational Safety and Health Officer made on 20th November 2024. ii.That judgment is hereby entered for the applicant against the Respondent for Kshs 239,457/- being the amount assessed under the Work Injury Benefits Act.iii.That this Honourable Court hereby awards interest on the amount from the date of assessment until payment in full.
8. The applicant to have costs.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 27TH DAY OF JANUARY 2025. RADIDO STEPHEN, MCIArbJUDGEAppearancesFor applicant Fred Mwihia & Co. AdvocatesFor Respondent did not participateCourt Assistant Wangu