Mohamed v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Cause E129 of 2023) [2024] KEELRC 1731 (KLR)
The bottom line
#A Kenyan court awarded an injured worker over Kshs 21 million after his employer failed to appeal the government's injury assessment in time.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should adopt the Director of Occupational Safety and Health Services' assessment report and award compensation
The court adopted the report and awarded work injury compensation, transport expenses, incurred medical expenses and future medical expenses as assessed.
The Deputy Director of DOSH explained the components of compensation considered in preparing the report. The 2nd respondent sought delay pending the outcome of a judicial review filed at the High Court, but that review was never presented to the court. The court found no grounds to delay a very old case, noting that the 2nd respondent had not appealed the assessment report before the Employment Court as the procedure requires.
Whether a pending, undisclosed judicial review justifies staying the award
No. The court found no grounds to delay the award.
The 2nd respondent requested an adjournment to avail the outcome of a judicial review filed at the High Court. The judgment records that the review proceedings were never presented to the court, leaving the court unaware of their subject matter. In those circumstances the court declined to delay resolution of the claim, which had been pending since June 2023 arising from injuries sustained in September 2019.
Legal principles established
#- A party who disputes a DOSH assessment report must appeal it before the Employment Court; absent such an appeal, the court is obliged to adopt the report.
- An injured worker is entitled to compensation covering temporary incapacitation, permanent incapacity, medical expenses incurred and future medical expenses.
Court orders
#- 1.Work injury compensation of Kshs 1,958,400/- payable 30 days from the date of judgment
- 2.Kshs 209,625/- being transport expenses payable 30 days from the date of judgment
- 3.Incurred medical expenses of Kshs 11,750,595.80 payable 30 days from the date of judgment
- 4.Future medical expenses of Kshs 8,000,000/- payable within 6 months from the date of judgment
- 5.Costs of the petitioner to be borne by the 2nd respondent
- 6.Any delay in settling the above within the given timelines will attract interest at Court rates from date of default till full payment
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over fair labour practices and Work Injury Benefits Act claims (not expressly cited in the excerpt; the judgment invokes Article 48 of the Constitution on access to justice)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Cause E129 of 2023) [2024] KEELRC 1731 (KLR)", Case Analysis (2024). Petition No. E129 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1731/eng@2024-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.