Republic v Director of Occupational Safety and Health Services & another; Freedom Airline Express Limited (Exparte Applicant) (Judicial Review Application E033 of 2024) [2025] KEELRC 1727 (KLR)
The bottom line
#Kenya's Employment Court refused to quash an enhanced work injury award because it had already been adopted as a judgment, so the employer's only option was appealing.
What this practically means
#Executive summary
#Key legal issues
#Fair hearing before the Director OSH on objection under WIBA
The court did not reach a substantive finding on fair hearing, disposing instead on the exhaustion/adoption point; the Applicant's grievance was held not amenable to judicial review in this court
The court noted the statutory scheme under sections 51-52 of WIBA: objection to the Director within 60 days, the Director's reply within 14 days, then an appeal to the Industrial Court/ELRC within 30 days. Since the enhanced award had already been adopted by the ELRC on 9 July 2024, the Applicant could not seek certiorari from the same court; its forum was the Court of Appeal.
Effect of adoption of the Director's award by the ELRC
After adoption, the award became a judgment of the ELRC and the court cannot be asked to quash its own decision by judicial review
The court reasoned that judicial review lies against the Director's decision, but once that decision was adopted as a court judgment, quashing it would amount to the ELRC sitting in appeal over its own judgment. The proper remedy is an appeal to the Court of Appeal.
Legal principles established
#- Once a Director's award under WIBA is adopted as a judgment of the ELRC, the only recourse against it is an appeal to the Court of Appeal, not judicial review before the same court
Court orders
#- 1.The application for judicial review is dismissed
- 2.No order of costs
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act, Cap 26; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 53 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Director of Occupational Safety and Health Services & another; Freedom Airline Express Limited (Exparte Applicant) (Judicial Review Application E033 of 2024) [2025] KEELRC 1727 (KLR)", Case Analysis (2025). Judicial Review application pursuant to Notice of Motion dated 13th August 2024 (Nairobi ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1727/eng@2025-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.