Dominic Kioko Thyaka v Kenya Electricity Generating Company Limited [2021] KEELRC 27 (KLR)

The court held that a party dissatisfied with a Director's award under WIBA must file objections within 60 days and may appeal thereafter. The respondent instead procured a settlement outside WIBA with its insurers, which the court called a misnomer. Further, the claimant testified he signed a blank paper presented by a clerk, which evidence was uncontested, and the witness to the deed was not present. The deed was thus executed with misrepresentation, duress, undue influence, coercion and fraud and failed to reflect the claimant's intention to be paid full DOSHS dues.

The Medical Board recommended retirement without the claimant being present or heard, and the respondent's own witness confirmed the claimant was not given a hearing and could not tell whether he was invited before the Board. Although the claimant had already been reasonably accommodated by transfer from the noisy control department, the respondent retired him without notice or hearing. The court found the maximum 12 months' compensation under section 49 reasonable given 24 years of service and the procedural failure.

The claimant worked until April 2016, filed suit on 31 October 2018, and was then 48 years old. By judgment more than three years had elapsed, making reinstatement impractical. The court therefore turned to compensation, applying the last known gross salary of Ksh.213,246.82 per month for twelve months, arriving at Ksh.2,558,962, while rejecting both parties' competing salary figures.