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ELRCPartially AllowedCause No. 658 of 2016· [2021] KEELRC 1417 (KLR)

Margaret Wanjiru Iraki (suing as the Administratrix of the Estate of Charles Kariuki Mwangi (Deceased) v Kudheiha Workers Union [2021] KEELRC 1417 (KLR)

Employment and Labour Relations Court of Kenya at Nairobi
18 February 2021
MMM. Mbaru
605 words in judgment
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The bottom line

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A Kenyan widow won Ksh. 1,881,000 in unpaid work-injury compensation, confirming that the Employment and Labour Relations Court can enforce WIBA awards.

What this practically means

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Executive summary

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The claimant, administratrix of the estate of Charles Kariuki Mwangi, sued KUDHEIHA Workers Union for terminal benefits due to the dependants of the deceased, who had served the respondent as assistant secretary general for 19 years on a basic wage of Ksh. 36,000 per month and died in a fatal road accident in the course of employment on 21st April 2013 at Maji ya Chumvi, Mariakani, Mombasa. The dispute was reported to the Minister, and the Director of Occupational Health and Safety assessed compensation under WIBA at Ksh. 3,456,000. The claimant sought payment of that sum with costs and interest, submitting that the respondent had paid instalments totalling Ksh. 1,575,000, leaving a balance of Ksh. 1,881,000. The defence comprised mere denials and a request that the suit be struck out. Only the claimant filed written submissions as directed. The court held that since WIBA and the Occupational Safety and Health Act, 2007 do not provide an enforcement mechanism for work injury awards, such claims properly lie in the ELRC under section 89 of the Labour Relations Act, following Richard Arama Nyambane v ICG Maltauro Spa. As the claimant admitted receipt of Ksh. 1,575,000, judgment was entered for the claimant against the respondent for the balance of Ksh. 1,881,000, with each party bearing their own costs.

Key legal issues

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01

Jurisdiction to enforce WIBA awards

Holding

The ELRC is the proper forum to enforce work injury awards assessed by DOSHS since WIBA and OSHA do not provide an enforcement mechanism

Reasoning

The court noted that DOSHS made the work injury assessment under the Occupational Safety and Health Act, 2007 read with WIBA, but those statutes do not outline enforcement mechanisms or procedures beyond assessment and award by the Director. As the court with mandate over employment and labour relations claims, the practice has been to file such enforcement claims under section 89 of the Act, following Richard Arama Nyambane v ICG Maltauro Spa.

p. 1
02

Quantum payable

Holding

Only the unpaid balance of the assessed compensation of Ksh. 1,881,000 is awardable, the claimant having admitted receipt of Ksh. 1,575,000

Reasoning

The total assessed compensation was Ksh. 3,456,000. The respondent paid several instalments totalling Ksh. 1,575,000, which the claimant admitted. Judgment was therefore entered only for the outstanding balance of Ksh. 1,881,000.

p. 2

Legal principles established

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  • Where WIBA and OSHA do not provide an enforcement mechanism for work injury awards, claims for enforcement may be filed in the Employment and Labour Relations Court under section 89 of the Labour Relations Act

Court orders

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  1. 1.Judgment entered for the claimant against the respondent for the sum of Ksh. 1,881,000
  2. 2.Each party to bear own costs
Jurisdiction invoked
Section 89 of the Labour Relations Act read with the Work Injury Benefits Act, 2007 and the Occupational Safety and Health Act, 2007

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Margaret Wanjiru Iraki (suing as the Administratrix of the Estate of Charles Kariuki Mwangi (Deceased) v Kudheiha Workers Union [2021] KEELRC 1417 (KLR)", Case Analysis (2021). Cause No. 658 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1417/eng@2021-02-18

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