[2017] KEELRC 870 (KLR)
The court found that the applicants had established their entitlement to statutory compensation under the Work Injury Benefits Act, having presented sufficient documentary evidence including the award by the Directorate of Occupational Health and Safety. The respondent, despite being served, failed to appear or...
Source-derived case information.
- Citation
- [2017] KEELRC 870 (KLR)
- Parties
- Applicant: Ruth Wambui Mwangi; Applicant: Agnes Nyambura Wangai (suing as the legal representatives of the estate of Joseph Wangai Muraya); Respondent: Alfarah Wholesalers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 21 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion for Enforcement of Statutory Compensation
- Outcome
- application allowed as unopposed; orders granted in terms of prayers 2 and 3 of the motion
- Judges
- MSA Makhandia
- Legal Topics
- Work Injury Benefits, Statutory Compensation, Enforcement of Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Wambui Mwangi
Applicant
Agnes Nyambura Wangai (suing as the legal representatives of the estate of Joseph Wangai Muraya)
Applicant
Alfarah Wholesalers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Motion for Enforcement of Statutory Compensation
Legal Issues
- 1 Whether the respondent is obligated to pay statutory compensation under the Work Injury Benefits Act for the work-related death of the deceased employee.
- 2 Whether the applicants are entitled to enforce the award made by the Directorate of Occupational Health and Safety against the respondent.
Ratio Decidendi
The court found that the applicants had established their entitlement to statutory compensation under the Work Injury Benefits Act, having presented sufficient documentary evidence including the award by the Directorate of Occupational Health and Safety. The respondent, despite being served, failed to appear or contest the application. The court held that payment of compensation in such circumstances is a statutory obligation under section 34 of the Act. Accordingly, the court allowed the application as unopposed and ordered the respondent to pay the awarded sum to the applicants, granting them liberty to execute in default of payment.
Court Disposition
application allowed as unopposed; orders granted in terms of prayers 2 and 3 of the motion
Orders
- The respondent shall forthwith pay to the applicants a sum of Kshs. 1,920,000.00 plus interest at 14% per annum from 19th August, 2015 to date of full payment as awarded by the Directorate of Occupational Health and Safety.
- In default of payment, the applicants are at liberty to execute against the respondent.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
MISC.APPLICATION NO. 21 OF 2017
RUTH WAMBUI MWANGI
AGNES NYAMBURA WANGAI (suing as
the legal representatives of the estate of
Joseph Wangai Muraya APPLICANTS
v
ALFARAH WHOLESALERS LIMITED RESPONDENT
RULING
1. For determination is a motion dated 19 April 2017 by the applicants seeking
1. …
2. THAT this honourable court be pleased to order the respondent to forthwith pay to the applicants a sum of Kshs. 1,920,000. 00 plus interest at 14% p.a. from 19th August, 2015 to date of full payment as awarded by the Directorate of Occupational Health and Safety in respect of the work related death involving one Joseph Wangai Muraya (deceased) an employee of the respondent.
3. THAT in default of so paying the applicants be at liberty to execute.
4. THATthe costs of this cause and application be borne by the respondent in any event.
2. When the motion was placed before Court on 20 April 2017, the Court directed that it be served upon the Respondent for inter partes hearing 20 June 2017.
3. According to an affidavit of service filed in Court on 18 May 2017, service of the application was effected upon a secretary/daughter of the Respondent’s director who accepted but refused to acknowledge service.
4. On the strength of the affidavit, the Court allowed the application to be urged, as an unopposed motion.
5. Among the documents presented to Court in support of the application were a death certificate for the deceased, letters of administration, an assessment/award of compensation prepared by the Director, Occupational Health and Safety Office dated 19 August 2015 and a letter addressed to the Respondent by the same office dated 19 January 2016, reminding it of its obligation to pay the compensation in terms of the Work Injury Benefits Act.
6. Payment of compensation in cases where an employee dies from an injury arising from accident in the course of work is provided for under section 34 of the aforesaid Act. It is a statutory requirement.
7. Considering the material placed before Court, and the failure by the Respondent to appear in Court to show cause otherwise, the Court allows the motion in terms of orders 2 and 3.
8. The Court also directs the Applicants to serve a copy of this ruling and the attendant Order(s) upon the Respondent within 21 days, and file an appropriate affidavit of service.
9. But before penning off, the Court must observe that the Act is not express on what avenue an application seeking payment of compensation under the Work Injury Benefits Act should take (whether a substantive suit or an application as presented herein).
10. Consequently, the Court will say no more since it did not hear addresses on the point.
11. Costs in the Cause.
Delivered, dated and signed in Nakuru on this 31st day of July 2017.
Radido Stephen
Judge
For Applicant Mr. Murimi instructed by Murimi Ndumia, Mbago & Muchela Advocates
For Respondent did not appear
Court Assistant Nixon/Martin