Muindi v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Appeal E143 of 2024) [2025] KEELRC 1163 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out a workplace injury appeal because the appellant skipped the mandatory objection step with the Director of Occupational Safety first.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant could appeal to the ELRC without first lodging an objection with the Director under section 51 of WIBA
The appeal was prematurely filed; the Appellant was legally required to file an objection under section 51, allow the Director to decide and communicate it, before the right of appeal under section 52 crystallised.
Section 51 permits any person aggrieved by a decision of the Director to lodge an objection within sixty days; section 52 permits an objector, within thirty days of the Director's reply, to appeal to the Industrial Court. Reading the two provisions together, only an objector who has exhausted the section 51 process may appeal. The Appellant was aggrieved by the Director's decision on an objection initiated by the 2nd Respondent, but never himself objected under section 51. His right of appeal therefore never arose, and the Court lacks jurisdiction to entertain the appeal.
Whether the preliminary objection would dispose of the appeal altogether
The Court found the points raised were straightforward and went to jurisdiction, which the Court lacked.
The Appellant argued the preliminary objection was misconceived because it would not dispose of the question whether the 2nd Respondent's objection was filed out of time. The Court nonetheless held that the appeal bypassed a mandatory statutory process, rendering the jurisdiction of the Court improperly engaged, and struck the appeal out with costs.
Legal principles established
#- Only a person who has lodged an objection with the Director under section 51 of the Work Injury Benefits Act and received the Director's decision may appeal to the Employment and Labour Relations Court under section 52; the right of appeal crystallises only after that process.
- Sections 51 and 52 of the Work Injury Benefits Act must be read together and not in isolation.
Court orders
#- 1.The appeal is struck out
- 2.Costs of the appeal awarded to the 1st Respondent
- On appeal from
- Director of Occupational Safety and Health Services (statutory decision)
- DOSH/WIBA 4 award dated 11th January 2023, revised award dated 20th June 2024
- Jurisdiction invoked
- Sections 51 and 52 of the Work Injury Benefits Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muindi v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Appeal E143 of 2024) [2025] KEELRC 1163 (KLR)", Case Analysis (2025). Not stated in the judgment (Memorandum of Appeal dated 10th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1163/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.