Namwela (Suing on her Behalf and Behalf of the Estate of the Late Simon Mzighe Kibura (Deceased)) v Modern Coast Coaches Limited (Miscellaneous Application E094 of 2024) [2025] KEELRC 780 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can enforce workplace injury compensation awards, and employers who ignore official notices lose the right to dispute liability later.
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 ELRC has original jurisdiction to adopt and enforce the Director's award under WIBA
- 2.Whether the deceased died in the course of employment, thereby engaging the respondent's liability under WIBA
- 3.Whether the respondent, having failed to pay or object upon service of the Director's notices, could contest liability before this court
- 4.Whether the applicant is entitled to adoption of the award of Ksh.1,728,000 as the court's judgment with costs
Key legal issues
#Jurisdiction of the ELRC to enforce a Director of Occupational Safety and Health Services award under WIBA
The court has original jurisdiction over work injury claims; it is the proper forum to adopt and enforce the Director's award, and this jurisdiction cannot be ousted.
The respondent argued the court was only an appellate forum for WIBA claims. Relying on Maisha Mabati Mills Ltd v Ondari and other authorities, the court held that under article 162(2)(a) of the Constitution, the ELRC's jurisdiction over employment and labour relations matters, including work injury claims, cannot be removed through other crafts, and removing such claims from the court would visit injustice on the parties.
Employer's liability where no objection or appeal is lodged against the Director's award
Having been served with notices under sections 28 and 30 of WIBA and having failed to pay, object or appeal, the respondent could not contest liability before the court.
The respondent did not deny receipt of the Director's notices and demand to pay Ksh.1,728,000. Under WIBA, upon service of the notice an employer may pay, object, or appeal. The respondent took none of these steps; contestations about whether the death occurred in the course of employment should have been raised with the Director upon receipt of the notice and demand.
Adoption of the Director's award as the court's judgment
The award of Ksh.1,728,000 was adopted and made payable by the respondent within 30 days, failing which interest at court rates accrues.
The applicant, holding a limited grant ad litem, established that the Director assessed 100% permanent incapacity compensation and issued demand notices which the respondent ignored, apart from proposing instalment payments. The court found the proceedings well founded and allowed the application with costs.
Legal principles established
#- The ELRC has original jurisdiction to hear and determine work injury claims under WIBA, and that jurisdiction cannot be removed or vested in the lower courts.
- Upon service of a notice and demand under WIBA, an employer's proper course is to pay, object, or appeal before the Director; contestations cannot be raised for the first time in enforcement proceedings.
Court orders
#- 1.The respondent shall pay the applicant Ksh.1,728,000 within 30 days from the date of the judgment
- 2.In default of payment within 30 days, the amount shall accrue interest at court rates
- 3.The applicant was awarded costs (the judgment records payment of the award 'in costs' with the sum within 30 days)
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution (original jurisdiction of the Employment and Labour Relations Court over work injury claims under WIBA)
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.
Accordingly, the orders sought herein are with merit. The respondent shall pay the applicant Ksh.1, 728,000 in costs within 30 days from the date of the judgment, after which the same shall accrue interests at court rates.
The court has original jurisdiction to hear work injury claims, not the lower courts.
The contestations should have been addressed with the Director upon receipt of the notice and demand to pay.
Upon service of the notice under sections 28 and 30 of WIBA, an employer is allowed to pay the injured employee, make objections, or file an appeal.
Issues in the judgment
#The judgment's costs order conflates the award and costs: it states the respondent 'shall pay the applicant Ksh.1, 728,000 in costs', though the sum is the Director's compensation award and costs were separately allowed as prayed.
The case number and neutral citation do not appear on the judgment as provided.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Namwela (Suing on her Behalf and Behalf of the Estate of the Late Simon Mzighe Kibura (Deceased)) v Modern Coast Coaches Limited (Miscellaneous Application E094 of 2024) [2025] KEELRC 780 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/780/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.