[2022] KEELRC 1141 (KLR)

[2022] KEELRC 1141 (KLR)

The court found that the Respondents were jointly and severally liable to pay the compensation assessed by the Director OSHA for the applicant's work-related injuries. The 1st Respondent was further found to have committed an offence under Section 26(6) of the Work Injury Benefit Act by failing to comply with...

Source-derived case information.

Citation
[2022] KEELRC 1141 (KLR)
Parties
Applicant: Patrick Mutiso Wambu; Respondent: Roofspec & Allied Works Company Ltd; Respondent: Monarch Insurance Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Miscellaneous Application E049 of 2022
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application granted. Orders issued as prayed.
Judges
Nzioki wa Makau
Legal Topics
Work Injury Benefits, Occupational Safety, Employer Liability, Statutory Compliance
Source Language
en
Employment and Labour Work Injury Benefits Occupational Safety Employer Liability Statutory Compliance

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Parties

Patrick Mutiso Wambu

Applicant

Roofspec & Allied Works Company Ltd

Respondent

Monarch Insurance Company Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the Respondents are jointly and severally liable to pay the assessed compensation for work injury as directed by the Director OSHA.
  2. 2 Whether the 1st Respondent is liable to pay a statutory fine for committing an offence under Section 26(6) of the Work Injury Benefit Act.
  3. 3 Whether the Respondents should bear the costs of the suit and application due to non-compliance with OSHA directions.

Ratio Decidendi

The court found that the Respondents were jointly and severally liable to pay the compensation assessed by the Director OSHA for the applicant's work-related injuries. The 1st Respondent was further found to have committed an offence under Section 26(6) of the Work Injury Benefit Act by failing to comply with statutory obligations, warranting the imposition of a fine. The Respondents' refusal to comply with the Director's directions justified the award of costs against them. The court's decision was anchored on the mandatory nature of employer obligations under the Work Injury Benefit Act and the statutory penalties for non-compliance.

Court Disposition

Application granted. Orders issued as prayed.

Orders

  • Respondents jointly and severally to pay Kshs.2,361,600 as assessed by the Director OSHA for the applicant's injuries.
  • 1st Respondent to pay Kshs.500,000 to the Court as a fine within 14 days, failing which the applicant may seek committal of the 1st Respondent's directors to jail under Section 26(6) of the Work Injury Benefit Act.