Atswenje v Butali Sugar Mills Ltd (Employment and Labour Relations Cause E004 of 2024) [2024] KEELRC 2636 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can enforce workplace injury awards if employers fail to object in writing within 60 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court has jurisdiction to adopt and enforce DOSH awards
The Court holds it has jurisdiction to adopt DOSH awards as Orders of the Court for enforcement, drawing on its general jurisdiction under Article 162(2)(a) and Article 159, and noting rule 69 of the ELRC Rules 2024 now regularises the position.
WIBA is silent on enforcement of DOSH awards by adoption. The Court reasoned that it is the only superior court with employer-employee dispute jurisdiction, that work injury claims emanate from employment, and that Article 159(2)(d) obliges substantive justice. Rule 69 of the Court Rules 2024, permitting adoption of decisions reached in Alternative Justice Systems, now regularises the position, though the Court based its decision on its general jurisdiction.
Whether there was a valid and final DOSH assessment
The award of 31st August 2021 became final because no written objection was lodged within 60 days under section 51 WIBA; the Respondent's contrary medical report did not constitute an objection.
RW1 confirmed no written objection was received within 60 days; the Respondent's response of 29th January 2024 came almost two years and four months after the award. Section 51 requires a written objection in the prescribed form. The Respondent's reliance on a second medical assessment did not satisfy this, and issues such as section 28(4) WIBA were raised too late and are afterthoughts.
Whether the Claimant is entitled to the reliefs sought
The claim is allowed; the award of Kshs. 442,633.35 is adopted as an order of the Court, with interest if unpaid within 30 days, plus costs.
Since the award was final and unchallenged, the Court found no reason not to enforce it. The Respondent's defences on double compensation and section 28(4) WIBA were matters that should have been raised as objections under section 51 within 60 days and could not be entertained at that late stage.
Legal principles established
#- An unobjected-to DOSH award becomes final after expiry of the 60-day window under section 51 WIBA and a contrary medical assessment does not amount to a written objection.
- The ELRC has jurisdiction to adopt DOSH awards as orders of the Court for enforcement where there is no appeal or valid objection.
- A respondent who fails to lodge a written objection under section 51 WIBA forfeits the right to dispute the award.
Court orders
#- 1.The Award of the Director of Occupational Safety and Health issued in favour of the Claimant in the sum of Kshs. 442,633.35/- on 31st August 2021 is adopted as an Order of the Court against the Respondent
- 2.The Award amount to attract interest at Court rates if not settled in full within 30 days of the judgment
- 3.Costs of this suit to the Claimant
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution (employer-employee disputes jurisdiction), guided by Article 159, and sections 51-52 of the Work Injury Benefits Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Osino v China Civil Engineering Construction Corporation (K) Ltd (Miscellaneous Application E340 of 2024) [2025] KEELRC 1792 (KLR)[2025] KEELRC 1792 (KLR)19 May 2025
Cite this brief
#Cite this brief
Caselaw, "Atswenje v Butali Sugar Mills Ltd (Employment and Labour Relations Cause E004 of 2024) [2024] KEELRC 2636 (KLR)", Case Analysis (2024). Statement of Claim dated 18th March 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2636/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.