Josephat Nyakeriga Asiago v Guardex Security Services Ltd [2016] KEELRC 142 (KLR)
The bottom line
#If you are injured while on duty in Kenya, your employer must refer you for a work injury assessment, and courts can order that referral if the employer fails.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent was obliged to refer the Claimant to the Director for Occupational Safety and Health
Yes. The injury occurred while the Claimant was on duty on the Respondent's assignment, making it work-related; the Respondent failed in its duty to refer, so the Court itself referred the Claimant for assessment.
The Respondent's defence was that a third party tanker caused the injury, but the court found it undisputed that the Claimant was on duty performing an assignment given by the Respondent at the time. That made the accident work-related, triggering the statutory referral obligation. Since the Respondent failed to discharge that obligation, the court stepped in and made the referral itself, deferring assessment of quantum to the Director.
Legal principles established
#- An injury to an employee while on duty on an assignment given by the employer is work-related, and the employer is under a legal duty to refer the employee to the Director for Occupational Safety and Health for assessment
Court orders
#- 1.The Court itself refers the Claimant for assessment by the Director for Occupational Safety and Health
- 2.The Director for Occupational Safety and Health to file his report in Court within sixty (60) days from the date of the judgment
- 3.Ruling on the other heads of the claim withheld pending receipt of the Director's report
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment injury claims; duty to refer injured employee to the Director for Occupational Safety and Health
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Josephat Nyakeriga Asiago v Guardex Security Services Ltd [2016] KEELRC 142 (KLR)", Case Analysis (2016). Memorandum of Claim dated 3rd March 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/142/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.