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ELRCAllowedCause Number 2052 of 2011· [2013] KEELRC 166 (KLR)

Wilberforce Kilibwa v Mumias Sugar Co Limited [2013] KEELRC 166 (KLR)

Industrial Court at Nairobi
17 September 2013
1,404 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A footballer injured on the job won Kshs. 169,322 plus 14% interest from Mumias Sugar, after ten years of unpaid compensation.

What this practically means

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Executive summary

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The Industrial Court at Nairobi, per Rika J, allowed a work injury compensation claim by Wilberforce Kilibwa, a professional footballer employed by Mumias Sugar Company between 2000 and 2002 who played for the Respondent's Football Club Mumias in the Kenya Premier League. On 7th October 2001, while playing a Premier League game against Coast Stars in Mombasa, he collided with an opponent and injured his left knee. He lodged a claim under the repealed Workmen's Compensation Act Cap 236, and on 25th September 2002 the District Labour Office Kakamega assessed compensation payable at Kshs. 169,322. Despite repeated demands by the Provincial Occupational Health and Safety Officer in 2009 and the District Labour Office, and personal promises by the Respondent's Legal Officer, no payment was made, prompting the claim filed on 5th December 2011, ten years after the injury. The Respondent's Human Resources Officer, Julius Were, testified that the claim was to be settled by the insurance company, Aon Minet, upon the Claimant availing a second medical opinion, but conceded that the claim was not disputed. The court held that once a claim is admitted, the time-bar objection carries no weight; that professional footballers are employees entitled to the protections of the Work Injury Benefits Act and the Employment Act, and to FIFA-standard written contracts with mandatory insurance; and that the second-medical-report defence was never communicated to the Claimant or Labour Office and was flimsy. The court ordered payment of Kshs. 169,322 within 14 days, with interest at 14% from 25th September 2002, and costs to the Claimant.

Key legal issues

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01

Whether the work injury claim was payable despite the ten-year delay in filing

Holding

The claim was allowed because the Respondent admitted it; the time-bar issue carried no weight once the claim was conceded.

Reasoning

The Respondent's witness conceded the claim in testimony, stating it was not disputed. The Labour Office had assessed compensation at Kshs. 169,322 as early as 2002 and repeatedly demanded payment, which the Respondent ignored while making broken promises. Since the employer admitted liability, the court held the limitation issue was irrelevant, and the delay was attributable to the Respondent's failure to pay.

p. 2
02

Whether professional footballers fall within employment law protections

Holding

Professional footballers are employees entitled to protection under the Work Injury Benefits Act and the Employment Act, and to written contracts incorporating mandatory labour standards and insurance coverage per FIFA requirements.

Reasoning

The court held that labour and employment laws apply to professional footballers as to all other employees. FIFA's Professional Football Players Contract Minimum Requirements, adopted by the Kenya Football Federation, require written contracts making clear financial obligations, health and safety policy, mandatory insurance coverage and access to social security. Kilibwa faithfully performed his obligations and was injured in the line of duty.

p. 2
03

Whether the Respondent's defence that the Insurance Company was to pay upon a second medical report held

Holding

The defence was rejected as a flimsy response; there was no evidence the condition of a second medical opinion was ever communicated to the Claimant or the Labour Office.

Reasoning

The Respondent argued payment was to be made by the Insurance Company upon the Claimant availing a second medical report requested in 2004. The court found nothing in evidence showing the Claimant was asked to see any doctor, and the condition was never communicated to the Claimant or Labour Office. The Labour Office demands went unanswered and the Respondent conceded the claim.

p. 3

Legal principles established

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  • Professional footballers are employees entitled to the protections of labour and employment legislation
  • Once a claim is admitted by the employer, an objection that the claim is time-barred carries no weight

Court orders

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  1. 1.The Respondent shall pay to the Claimant compensation at Kshs. 169,322 within 14 days of the delivery of the Award
  2. 2.The said amount to attract interest at the rate of 14% from 25th September 2002, the date compensation was assessed by the Labour Office and communicated to the Respondent
  3. 3.Costs to the Claimant

Authorities

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Legislation

  • Workmen's Compensation Act Cap 236
  • Work Injury Benefits Act Number 13 of 2007
  • Employment Act Number 11 of 2007
Jurisdiction invoked
Dispute referred to the Industrial Court under the Labour Institutions Act; work injury compensation claim under the repealed Workmen's Compensation Act Cap 236

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Wilberforce Kilibwa v Mumias Sugar Co Limited [2013] KEELRC 166 (KLR)", Case Analysis (2013). Cause Number 2052 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/166/eng@2013-09-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.