Wambui v Kheis Industries Limited (Employment and Labour Relations Appeal E056 of 2024) [2025] KEELRC 113 (KLR)
The bottom line
#A Nakuru court confirmed that DOSH work injury awards can only be enforced through the Employment and Labour Relations Court, and ordered the employer to pay.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of magistrate's courts to adopt and enforce DOSH awards under WIBA
The trial magistrate had no jurisdiction to adopt the DOSH award; the Gazette Notice No. 6024 of 2018 has not extended jurisdiction to award DOSH orders to magistrates.
Although the Court of Appeal in Law Society of Kenya v Malindi Law Society validated magistrates' jurisdiction over employment matters and the CJ gazetted senior resident magistrates and above to handle such matters, the court found that the delegation did not extend to adoption and enforcement of DOSH awards. The trial magistrate was therefore right to refer the appellant to the ELRC.
Whether the ELRC should adopt and enforce the DOSH award despite the absence of a statutory enforcement framework
Yes. The ELRC, seized of original jurisdiction over employment disputes, adopted the DOSH award of Kshs.584,100/= with interest to avoid denying the decree-holder a remedy due to a legislative lacuna.
WIBA contains no framework for adoption of Directors' awards, but article 159(2)(d) requires justice without undue technicalities. The appellant held an award not set aside or appealed against, and the court, exercising jurisdiction under Article 162(2) and Section 12 of the ELRCA, adopted it and ordered payment with interest at 14% per annum from 6th December 2023.
Legal principles established
#- The ELRC has jurisdiction under Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act to adopt and enforce a DOSH award where the statutory framework is silent, since a decree-holder cannot be left without a remedy due to a legislative lacuna
- A trial magistrate has no jurisdiction to adopt DOSH awards under the Chief Justice's Gazette Notice No. 6024 of 2018
Court orders
#- 1.The DOSH award dated 6th December 2023 of Kshs.584,100/= in favour of the appellant is adopted as an order of this court
- 2.The Respondent to pay the appellant Kshs.584,100/= with interest from 6th December 2023 at 14% per annum until final payment
- 3.Costs of the suit in the lower court not awarded to any party; costs of the appeal borne by the Respondent
- On appeal from
- Principal Magistrate's Court
- Not stated in the judgment
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act (first appellate jurisdiction over the lower court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wambui v Kheis Industries Limited (Employment and Labour Relations Appeal E056 of 2024) [2025] KEELRC 113 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/113/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.