[2022] KEELRC 4163 (KLR)
The court held that the lack of a specific enforcement procedure under WIBA does not preclude the enforcement of the director-OSH's assessment for workplace injury compensation. Exploiting procedural gaps to delay or defeat legitimate compensation is an undue technicality. The employer is involved throughout the...
Source-derived case information.
- Citation
- [2022] KEELRC 4163 (KLR)
- Parties
- Applicant: Kevin Kibet Sugut; Respondent: Nandi Tea Estates Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E023 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed with costs
- Judges
- NJ Abuodha
- Legal Topics
- Workplace Injury Compensation, Enforcement of Director Assessment, Procedural Lacuna, Employer Hearing Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kevin Kibet Sugut
Applicant
Nandi Tea Estates Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the absence of a specific enforcement procedure under WIBA bars enforcement of the director-OSH's assessment.
- 2 Whether enforcing the director-OSH's assessment as a court decree denies the employer a right to be heard.
Ratio Decidendi
The court held that the lack of a specific enforcement procedure under WIBA does not preclude the enforcement of the director-OSH's assessment for workplace injury compensation. Exploiting procedural gaps to delay or defeat legitimate compensation is an undue technicality. The employer is involved throughout the assessment process, and thus is not condemned unheard by enforcement of the director's assessment. The preliminary objection by the respondent was found to be without merit and dismissed with costs.
Court Disposition
preliminary objection dismissed with costs
Orders
- The preliminary objection is dismissed with costs to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
Sugut v Nandi Tea Estates Limited (Miscellaneous Civil Application E023 of 2021) [2022] KEELRC 4163 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEELRC 4163 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Eldoret
Miscellaneous Civil Application E023 of 2021
NJ Abuodha, J
September 23, 2022
Between
Kevin Kibet Sugut
Claimant
and
Nandi Tea Estates Limited
Respondent
Ruling
1. It is true that WIBA does not provide for the procedure for the enforcement of the decisions of the director, occupational safety and health. The court however takes the view that it borders on undue technicality to exploit such procedural lacuna in law to delay or defeat what is otherwise a legitimate expectation for compensation of a person who has been injured in the course of his employment and an assessment done by the director –OSH. Of what use would be an assessment if it cannot be enforced?
2. The contention by counsel for the respondent that if the court adopts the assessment of the director –OSH and allows it to be enforced as the decree of the court would amount to condemning the employer (his client) unheard is not correct.
3. Part iv on reporting accidents involves the employer throughout the process hence it is not correct as counsel for the respondent asserts that in adopting the assessment of the director-OSH which is a concluded process involving the employer, his client would have been condemned unheard.
4. The objection is therefore found without merit and is hereby dismissed with costs.
5. It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 23RD DAY OF SEPTEMBER, 2022Abuodha Nelson JorumJudge ELRC