Kenya Case Law

Mbuku v Seyani Brothers & Co (K) Ltd & another

Mbuku v Seyani Brothers & Co (K) Ltd & another (Miscellaneous Application E036 of 2026) [2026] KEELRC 2176 (KLR) (27 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E036 of 2026

Judge

["BOM Manani"]

The court held that the Director’s award could be enforced against the 1st Respondent because the award was issued against it, it was notified, and it did not challenge the decision by review or appeal; therefore it became liable to pay within 90 days. However, the 2nd Respondent insurer could not be bound in this enforcement application because the award was not directed against it and the proper route against an insurer is a separate declaratory action, not direct enforcement in these proceedings.

Source excerpt

• Work injury compensation
• Enforcement of dosh award
• Employer liability
• Insurer liability
• Declaratory action against insurer
• Costs

Muthami v Seyani Brothers & Co (K) Ltd & another

Muthami v Seyani Brothers & Co (K) Ltd & another (Miscellaneous Application E035 of 2026) [2026] KEELRC 2170 (KLR) (27 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E035 of 2026

Judge

["BOM Manani"]

The court held that the Director’s award was properly enforceable against the 1st Respondent because it was the named recipient of the award, did not review or appeal it, and failed to pay within the statutory period. The 2nd Respondent could not be made liable in these enforcement proceedings because the award was not made against it and insurer liability, if any, required a separate declaratory action.

Source excerpt

• Work injury compensation
• Enforcement of dosh award
• Proper party/joinder
• Employer liability versus insurer liability
• Declaratory action against insurer
• Costs

Ngura v Airview Services Ltd

Ngura v Airview Services Ltd (Employment and Labour Relations Miscellaneous E108 of 2026) [2026] KEELRC 1881 (KLR) (1 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Miscellaneous E108 of 2026

Judge

["HS Wasilwa"]

The Respondent failed to provide evidence proving payment of the alleged Kshs. 34,000, so the court accepted that the full DOSH award of Kshs. 92,000 remained outstanding and granted enforcement of the award together with interest and costs.

Source excerpt

• Enforcement of dosh award
• Proof of payment
• Temporary incapacity benefits
• Interest on monetary award
• Costs

Chisenga v China Zhongxing Construction Co Ltd

Chisenga v China Zhongxing Construction Co Ltd (Miscellaneous Cause E002 of 2026) [2026] KEELRC 2002 (KLR) (12 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Cause E002 of 2026

Judge

["JW Keli"]

The court held that although the injury and initial DOSH assessment were not disputed, the parties later relied on a second medical opinion that reduced incapacity, after which the applicant accepted payment of Kshs. 157,248.00 and executed a discharge voucher acknowledging full settlement. That discharge voucher was a valid contract supported by consideration, and the applicant did not plead or prove any ground to vitiate it. Section 19 of the Work Injury Benefits Act did not assist the applicant in these circumstances because the award had been varied by a consensual settlement based on the…

Source excerpt

• Work injury benefits act compensation
• Medical reassessment of permanent incapacity
• Discharge voucher and settlement agreement
• Enforcement of dosh award
• Validity of supporting affidavit

Omuse (Suing as the Legal Representative of the Estate of Magdalene Wamai Ekuot - Deceased) v County Government of Busia

Omuse (Suing as the Legal Representative of the Estate of Magdalene Wamai Ekuot - Deceased) v County Government of Busia (Miscellaneous Application E006 of 2025) [2026] KEELRC 1633 (KLR) (11 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E006 of 2025

Judge

["DN Nderitu"]

The claim was not statute-barred because the award was issued within 12 months of the death and the Respondent was treated as having had notice of the accident and award; the Respondent did not pursue any lawful challenge to the DOSH process, so the award was adoptable. On funeral expenses, the court found burial expenses were payable but the supporting receipts were imperfect, so it awarded a reasonable global sum of Kshs 300,000 instead of the full claim.

Source excerpt

• Enforcement of dosh award
• Work injury benefits act compensation
• Statute of limitation under wiba
• Natural justice and fair hearing
• Judicial review versus adoption proceedings
• Burial/funeral expenses

Mwenda & another v Coast Professional Freighters Limited & another

Mwenda & another v Coast Professional Freighters Limited & another (Miscellaneous Application E088 of 2025) [2026] KEELRC 1041 (KLR) (23 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E088 of 2025

The court declined to adopt a DOSH award as judgment, finding substantial payments had been made and directing the parties back to DOSH for reconciliation.

• Work injury benefits
• Enforcement of dosh award
• Compensation for fatal workplace injury
• Burial expenses
• Work-injury-benefits-act
• Dosh-award-enforcement