Muthiani v Cyka Manpower Services Ltd (Miscellaneous Application E006 of 2025) [2025] KEELRC 117 (KLR)
The bottom line
#A Kenyan court turned an unpaid workplace injury compensation award into an enforceable judgment, adding interest and costs against the employer.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the award of the Directorate of Occupational Safety and Health Officer made on 20 November 2024 should be adopted as a judgment of the Court
- 2.Whether judgment should be entered for the applicant against the Respondent for Kshs 239,457
- 3.Whether interest should be awarded on the assessed amount from the date of assessment until payment in full
Key legal issues
#Adoption of a DOSH award as a judgment of the Court
The Court adopted the Director's assessment of Kshs 239,457 as its own judgment where the Respondent, though served, filed no response and did not attend.
The Director of Occupational Safety and Health assessed the applicant's compensation at Kshs 239,457 on or around 20 November 2024. Under the Work Injury Benefits Act the compensation was payable within 90 days. The Respondent failed to pay and, despite acknowledged service of the Motion and direction to serve, filed no response and did not attend the hearing. The Court therefore allowed the unopposed Motion.
Interest on the assessed compensation
Interest was awarded on the assessed amount from the date of assessment until payment in full.
The applicant sought interest on the assessed sum from the date of assessment until payment in full. As the Motion was unopposed and the Respondent had defaulted on a statutory compensation award, the Court granted interest from the date of assessment as part of the orders allowing the Motion.
Legal principles established
#- Under the Work Injury Benefits Act, assessed compensation should be paid within 90 days, and an unpaid award may be adopted as a judgment of the Court.
Court orders
#- 1.The award of the Directorate of Occupational Safety and Health Officer made on 20th November 2024 is adopted as a judgment of the Court
- 2.Judgment entered for the applicant against the Respondent for Kshs 239,457/- being the amount assessed under the Work Injury Benefits Act
- 3.Interest awarded on the amount from the date of assessment until payment in full
- 4.The applicant to have costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Work Injury Benefits Act (uncontested Motion to adopt the Director of Occupational Safety and Health's assessed compensation as judgment of the Court)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
That the Honourable Court hereby adopts as a judgment of this Court the award of the Directorate of Occupational Safety and Health Oficer made on 20th November 2024.
That judgment is hereby entered for the applicant against the Respondent for Kshs 239,457/being the amount assessed under the Work Injury Benefits Act.
That this Honourable Court hereby awards interest on the amount from the date of assessment until payment in full.
Consequently, the Court will allow the Motion and grant orders:
Issues in the judgment
#Case number and neutral citation not stated in the judgment as provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthiani v Cyka Manpower Services Ltd (Miscellaneous Application E006 of 2025) [2025] KEELRC 117 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/117/eng@2025-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.