Njuguna & 2 others (All suing as legal representatives of the Estate of the late Evanson Njuguna Kugwa – Deceased) v Multiple Hauliers Limited (Miscellaneous Application E010 of 2022) [2023] KEELRC 657 (KLR)
The bottom line
#Kenya's Employment Court can convert a workplace injury compensation assessment into an enforceable judgment, so families can finally collect awarded money.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court's jurisdiction over WIBA assessments is confined to appeals under section 52(2) of WIBA
No - the Court has inherent jurisdiction to adopt the Director's award as judgment for execution.
The respondent's preliminary objection relied on Rika J's decision in Margaret Wanjiku Kaniu v Multiple Hauliers that section 52(2) of WIBA confers only appellate jurisdiction not extending to enforcement. The court instead followed Onesmus Makau J in Samson Chweya Mwendabole v Protective Custody Limited, holding that although WIBA contains a lacuna on enforcement of the Director's awards, the Court's unlimited original jurisdiction under Article 162(2)(a) and section 12 of the ELRC Act embraces adoption of such awards as judgments. Appellate jurisdiction under section 52(2) is a separate, distinct process.
Whether the applicants were entitled to the orders sought
Yes - the respondent filed no affidavit opposing the material facts, and the applicants were unopposed.
The respondent opposed only by preliminary objection and filed no replying affidavit to contest the material facts: the deceased's fatal workplace accident of September 3, 2019, the DOSH assessment of Kshs. 3,381,408.00, notification of October 18, 2019, and the respondent's failure to object under section 51 of WIBA or to pay despite demand. With the facts unrebutted, the court found the applicants entitled to adoption of the assessment, a decree and costs.
Legal principles established
#- The ELRC has inherent jurisdiction, grounded in Article 162(2)(a) and section 12 of the ELRC Act, to adopt a Director's WIBA award/assessment as judgment for purposes of execution; that jurisdiction is distinct from the appellate jurisdiction under section 52(2) of WIBA.
- The appeal process under WIBA is different from a proceeding to enforce an award made in an assessment under the Act.
Court orders
#- 1.The assessment of the Director of Occupational Health and Safety Officer dated October 18, 2019 is adopted as an order of the court
- 2.The respondent to pay the applicants Kshs. 3,381,408.00 by April 30, 2023, failing which interest at court rates from the date of filing the application until full payment
- 3.The respondent to pay costs of the proceedings
- 4.A decree to issue accordingly
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution of Kenya, 2010 and section 12 of the Employment and Labour Relations Court Act; inherent jurisdiction to adopt a Director's WIBA assessment as judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njuguna & 2 others (All suing as legal representatives of the Estate of the late Evanson Njuguna Kugwa – Deceased) v Multiple Hauliers Limited (Miscellaneous Application E010 of 2022) [2023] KEELRC 657 (KLR)", Case Analysis (2023). Miscellaneous application dated January 26, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/657/eng@2023-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.