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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 880 (KLR)

Kibind v Diretor of Occupational Safety & Health Services & another (Employment and Labour Relations Appeal E101 of 2024) [2025] KEELRC 880 (KLR)

Employment and Labour Relations Court
13 March 2025
2,498 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court tripled a worker's injury compensation and confirmed that the occupational safety Director must give written reasons for decisions.

What this practically means

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Executive summary

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This was an appeal to the Employment and Labour Relations Court under section 54 of the Work Injury Benefits Act against the Director of Occupational Safety and Health Services' decision on an objection to a compensation award. The Appellant, a machine operator, was injured in a workplace accident on 31st October 2022, fracturing metacarpals in both hands. The Director awarded KShs. 176,336 based on a 5% permanent incapacity assessment. The Appellant objected, supported by a medical report of Dr. Darius Kiema dated 27th November 2023 assessing 15% permanent incapacity. The Director referred him for re-assessment, which confirmed 5%, and on 14th May 2024 raised a revised award of the same amount without reasons. The Court framed two issues: whether the Director erred in upholding the initial decision, and whether he erred in failing to give reasons. The Court found the Director never considered the Kiema report, the foundation of the objection, and that the 5% assessments did not explain how the percentage was derived, while the Kiema report did. It held the giving of reasons is a statutory requirement under section 52, serving acceptability, better administrative decision-making and supervisory review. However, the Court declined jurisdiction to award damages for diminished earning capacity or future medical expenses, as those grounds were not raised in the section 52 objection. Applying the Director's formula, it awarded KShs. 529,008 for 15% incapacity, allowed the appeal, and awarded costs to the Appellant.

Key legal issues

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01

Whether the Director erred by upholding the initial award without considering the medical report dated 27th November 2023

Holding

Yes. The report was the foundation of the objection and was vital; it was not considered, and had it been considered the Director would have upheld 15% incapacity

Reasoning

The medical report of 27th November 2023 was the foundation of the objection and therefore a vital document. The record shows the Director did not consider it. The report detailed the injuries and explained how the 15% assessment was derived, making it reasonable and persuasive, whereas the reports underlying the 5% assessment did not explain how that percentage was reached.

p. 4
02

Whether the Director erred in failing to give reasons for his decision on the objection

Holding

Yes. Section 52 makes the giving of reasons a statutory requirement; the value of reasons is three-fold

Reasoning

Section 52 contemplates that a decision affirming or declining an objection be based on reasons communicated to the objector. Reasons make decisions more acceptable, promote better administrative decision-making and facilitate supervisory court oversight. The Director gave none, breaching the statutory requirement.

p. 4
03

Whether the Court can award damages for diminished earning capacity and future medical expenses

Holding

No, because those heads were not raised in the section 52 objection; the Court lacks jurisdiction

Reasoning

The WIBA structure confines the section 54 appeal to grounds raised in the section 52 objection. Diminished earning capacity and future medical expenses were not part of the objection, so the Court cannot consider or award them, notwithstanding the persuasive Mumias Sugar principles.

p. 5

Legal principles established

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  • The Director has a statutory duty under section 52 WIBA to give reasons for a decision varying or upholding an objection
  • The structure of WIBA confines appeals under section 54 to grounds raised in the objection under section 52

Court orders

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  1. 1.The Director's decision to uphold the initial award of Kshs. 176,336.00 as compensation for the injuries suffered by the Appellant is set aside, and in place thereof the Court awards him KShs. 529,008
  2. 2.Costs of this Appeal shall be in favour of the Appellant

Authorities

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Legislation

  • Work Injury Benefits ActSection 52
  • Work Injury Benefits ActSection 54
  • Work Injury Benefits ActSection 52[2]
  • Work Injury Benefits Act, 2007Schedule of degree of disablement

Cases cited (2)

  • Kenya Steal Fabricators v Tom Moki
    [2018] eKLR
  • Mumias Sugar Company Limited v Francis Wanalo
    [Civil Appeal 91 of 2003] 2007 KECA 485[KLR] [31 July 2007]
On appeal from
Office of the Director of Occupational Safety & Health Services
Not stated
Jurisdiction invoked
Section 54 of 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, "Kibind v Diretor of Occupational Safety & Health Services & another (Employment and Labour Relations Appeal E101 of 2024) [2025] KEELRC 880 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/880/eng@2025-03-13

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