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ELRCDismissedNot stated in the judgment· [2025] KEELRC 343 (KLR)

Dennis v Cale Infrastructure Construction Co Ltd & another (Miscellaneous Application E305 of 2024) [2025] KEELRC 343 (KLR)

Employment and Labour Relations Court
13 February 2025
791 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan worker's injury claim for over Kshs 457,000 collapsed because the court found his medical documents were likely forged.

What this practically means

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Executive summary

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The applicant, Gisemba Oando Dennis, was injured on 6 June 2021 in the course of his work with Cale Infrastructure Construction Co Ltd. Following a report to the Director, Occupational Safety and Health, compensation was assessed at Kshs 457,289/28 on 11 July 2024 in Claim Reference WIBA/NRB/00427/2022. Payment not having been made, the applicant moved the Court on 30 October 2024 seeking adoption of the assessment as judgment, entry of judgment for the assessed sum, interest from the date of assessment, and costs. The Respondent admitted the injury and that an assessment was done, but asserted payment had been made through the applicant's bank account and alleged the records filed by the applicant were forgeries. It contended the applicant was admitted at Mater Hospital from 6 to 9 June 2021 and could not have attended Muchatha Healthcare Clinic, Kangema on 8 June 2021, and that a search showed the clinic did not exist in Ministry of Health and Kenya Medical and Practitioners Council portals. The Court affirmed its jurisdiction to adopt DOSH assessments but found the applicant's documents unauthentic: the Mater Hospital Discharge Note recorded no dental injury and showed discharge on 9 June 2021, contradicting the applicant's claim of losing three teeth and attending another clinic while admitted. The Court held the records were doubtful and possibly fabricated, expressed concern at the prospect of ambulance chasing entering the Work Injury Benefits Act arena, and dismissed the Motion dated 30 October 2024 with costs.

Key legal issues

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01

Whether the Director's compensation assessment should be adopted as judgment

Holding

The Motion was dismissed because the documents supporting the claim were found to be unauthentic and possibly forged

Reasoning

Although the Court affirmed its jurisdiction to adopt a DOSH assessment, the Respondent alleged forgery of the records relied on by the applicant. The Mater Hospital Discharge Note showed admission from 6 June to 9 June 2021 without any dental injury recorded, while the applicant claimed he attended Muchatha Healthcare Clinic on 8 June 2021. The Court found it inconceivable the hospital would miss dental injuries and improbable the applicant attended a clinic while admitted, concluding the records were doctored.

p. 2
02

Authenticity of the supporting medical documents

Holding

The documents were doubtful and possibly fabricated

Reasoning

The To Whom It May Concern note from Muchatha Healthcare Clinic did not disclose when the applicant was attended to, and a search by the Respondent showed the clinic did not exist in the Ministry of Health and Kenya Medical and Practitioners Council portals. The Discharge Note from Mater Hospital contradicted the applicant's account of dental injuries and dates of attendance, undermining the credibility of the claim.

p. 2

Legal principles established

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  • The Employment and Labour Relations Court has jurisdiction to adopt a compensation assessment by the Director, Occupational Safety and Health
  • A party seeking adoption of an assessment must establish the authenticity of the supporting documents

Court orders

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  1. 1.The Motion dated 30 October 2024 is dismissed with costs
Jurisdiction invoked
Inherent jurisdiction of the Employment and Labour Relations Court to adopt a compensation assessment by the Director, Occupational Safety and Health under the Work Injury Benefits Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Dennis v Cale Infrastructure Construction Co Ltd & another (Miscellaneous Application E305 of 2024) [2025] KEELRC 343 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/343/eng@2025-02-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.