Dennis v Cale Infrastructure Construction Co Ltd & another (Miscellaneous Application E305 of 2024) [2025] KEELRC 343 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Director's compensation assessment should be adopted as judgment
The Motion was dismissed because the documents supporting the claim were found to be unauthentic and possibly forged
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.
Authenticity of the supporting medical documents
The documents were doubtful and possibly fabricated
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.