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ELRCDismissedJudicial Review Notice of Motion dated 29th September 2022· [2025] KEELRC 1274 (KLR)

Republic v Director of Occupational Safety and Health Services; Muhuru (Interested Party); Kel Chemicals Limited (Ex parte Applicant) (Judicial Review Application E024 of 2022) [2025] KEELRC 1274 (KLR)

Employment and Labour Relations Court
24 April 2025
2,830 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that an employer's challenge to a workplace injury award failed, and the director acted lawfully in using doctors to resolve conflicting medical reports.

What this practically means

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Executive summary

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The Exparte Applicant sought an order of certiorari to quash the respondent's award and demand for KShs 546,472.00 dated 8th July 2022, and prohibition against its implementation, contending that it received inconsistent assessments of the Interested Party's permanent incapacity (0%, 8% and 10%) and that the Director acted ultra vires by conducting an evaluation clinic suo moto, without a fair hearing and without power to review or entertain further steps after lapse of the 60-day objection period. The respondent explained the procedural history: the accident notice of 25 September 2020, Dr Githae's non-final report awarding 66 days' temporary incapacity, a second assessment by Dr Chege Mwangi at 8% initiated by the applicant's own HR Manager, a further examination by Dr Wambugu (the applicant's chosen doctor) at 0%, and the Director's constitution of a medical advisory panel that assessed 10% incapacity, upon which the revised award was made. The Interested Party supported the respondent, describing his severe injuries and the applicant's lack of candour. The court confirmed its jurisdiction under the Law Reform Act, the Fair Administrative Actions Act and Article 23 of the Constitution, held that the Director exercises a quasi-judicial function amenable to review, but found the Director acted lawfully under sections 53(2) and 53(3) of WIBA in constituting the panel to resolve conflicting assessments. Finding the applicant not candid, the court dismissed the application with costs on 24th April 2025.

Key legal issues

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01

Jurisdiction of the ELLC to issue judicial review orders against WIBA decisions

Holding

The court held it has jurisdiction; the Director exercises a quasi-judicial function amenable to judicial review, and challenges are not confined to sections 51 and 52 of WIBA

Reasoning

The court reasoned that the Director performs quasi-judicial functions in processing work injury compensation, and such decisions may be challenged under sections 8 and 9 of the Law Reform Act, the Fair Administrative Actions Act or Article 23 of the Constitution. The existence of the statutory appeal mechanism under sections 51 and 52 of WIBA does not oust the court's review jurisdiction.

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02

Whether the Director acted ultra vires in constituting a medical advisory panel and revising the award

Holding

The Director acted within his statutory powers under sections 53(2) and 53(3) of WIBA; the panel members are officers assisting him and the appointment was reasonable and lawful

Reasoning

Section 53(2) obliges the Director to ensure injured employees are compensated in accordance with WIBA. Faced with conflicting medical assessments, the Director was not statutorily helpless; under section 53(3) he may be assisted by officers necessary for the administration of the Act, and members of the medical advisory panel fall within that description.

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03

Whether the first medical assessment (Dr Githae) was final and conclusive

Holding

Dr Githae's report was not conclusive; it indicated NA against permanent incapacity and contemplated further examinations, with the initial award covering only temporary incapacity

Reasoning

The court found the applicant's assertion that the first report assessed 0% permanent incapacity deliberately misleading, since the doctor marked NA against permanent incapacity while assessing 66 days of temporary incapacity. The report anticipated further chest examination and radiograph before final assessment, and this explanation was not challenged.

p. 6

Legal principles established

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  • The ELRC has jurisdiction to grant certiorari and prohibition against the decisions of the Director of Occupational Safety and Health Services, who exercises a quasi-judicial function, notwithstanding the appeal mechanism under WIBA
  • Members of a medical advisory panel are officers assisting the Director under section 53(3) of the Work Injury Benefits Act, so the Director does not act in excess of authority in appointing doctors to reassess injuries

Court orders

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  1. 1.The Ex parte Applicant's Notice of Motion dated 29th September 2022 seeking certiorari and prohibition is dismissed
  2. 2.Costs awarded to the respondent

Authorities

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Legislation

  • Law Reform Actsections 8 and 9
  • Fair Administrative Actions Actnot specified
  • Constitution of Kenya, 2010Article 23
  • Work Injury Benefits Actsections 51, 52, 53(2), 53(3)
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act, the Fair Administrative Actions Act and Article 23 of the Constitution

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, "Republic v Director of Occupational Safety and Health Services; Muhuru (Interested Party); Kel Chemicals Limited (Ex parte Applicant) (Judicial Review Application E024 of 2022) [2025] KEELRC 1274 (KLR)", Case Analysis (2025). Judicial Review Notice of Motion dated 29th September 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1274/eng@2025-04-24

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