Kibind v Diretor of Occupational Safety & Health Services & another (Employment and Labour Relations Appeal E101 of 2024) [2025] KEELRC 880 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Director erred by upholding the initial award without considering the medical report dated 27th November 2023
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
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.
Whether the Director erred in failing to give reasons for his decision on the objection
Yes. Section 52 makes the giving of reasons a statutory requirement; the value of reasons is three-fold
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.
Whether the Court can award damages for diminished earning capacity and future medical expenses
No, because those heads were not raised in the section 52 objection; the Court lacks jurisdiction
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.
Legal principles established
#- 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
#- 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.Costs of this Appeal shall be in favour of the Appellant
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.