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ELRCAllowedNot stated in judgment (Motion dated 27 November 2024)· [2025] KEELRC 1792 (KLR)

Osino v China Civil Engineering Construction Corporation (K) Ltd (Miscellaneous Application E340 of 2024) [2025] KEELRC 1792 (KLR)

Employment and Labour Relations Court
19 May 2025
RSRADIDO STEPHEN
1,774 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employer who ignores a workplace injury award for 60 days risks having it converted into a court judgment with interest and costs.

What this practically means

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Executive summary

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The applicant, an employee of the Respondent, was injured in a road traffic accident on 20 January 2024 in the course of work. The Director of Occupational Safety and Health Services (DOSHS) assessed 35% permanent disability and awarded him Kshs 1,206,677/- on 2 September 2024, with a demand for payment issued around 12 September 2024. The Respondent did not pay, prompting a Motion dated 27 November 2024 seeking adoption of the award as a judgment of the Court, payment, interest and a decree for execution. The Respondent opposed, contending that the Court's jurisdiction under section 52(2) of the Work Injury Benefits Act was appellate only, that it was unaware of the award in good time, and that a second medical opinion showed no permanent disability. The Court held that disputes under the WIBA arise in the course of employment and vest originally in the ELRC under Article 162(2)(a) of the Constitution and section 12(1)(a) of the ELRC Act; the Chief Justice's delegation to Senior Resident Magistrates did not divest the ELRC of original jurisdiction. Section 52(2) appellate jurisdiction applies only where an Objection was lodged against the Director's award, and none was lodged within the 60-day window under section 51. The Court found the Respondent was aware of the award - it reported the accident and its agent gave the applicant copies of the award - and rejected reliance on an affidavit by its insurers. The Motion was allowed: the DOSHS award was adopted as judgment, with interest at court rates from 2 September 2024, and the applicant was awarded costs of the Motion.

Key legal issues

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Jurisdiction of the ELRC to enforce DOSHS awards

Holding

The Court has original jurisdiction under Article 162(2)(a) and section 12(1)(a) of the ELRC Act to enforce awards by the Director of Occupational Safety and Health; section 52(2) WIBA appellate jurisdiction applies only where an Objection was lodged.

Reasoning

Disputes under the WIBA arise in the course of employment, so original jurisdiction vests in the ELRC. The Chief Justice's delegation to Senior Resident Magistrates under section 29(3) of the ELRC Act did not divest the ELRC of that original jurisdiction. Section 52(2) appellate jurisdiction is confined to cases where a party lodged an Objection against the Director's award and is aggrieved by its outcome; here no Objection was lodged, so the appellate route does not arise.

p. 4
02

Adoption of the DOSHS award

Holding

The award of Kshs 1,206,677/- dated 2 September 2024 was adopted as judgment with interest at court rates from 2 September 2024, the Respondent having failed to lodge an Objection within the 60-day window.

Reasoning

The Respondent knew of the award - it reported the accident and its agent gave the applicant copies of the award - and its insurers' affidavit could not rebut this. It had 60 days under section 51 WIBA to lodge an Objection, even using its second medical opinion, but did not. The Court found no reason not to adopt the award and granted interest and costs.

p. 5

Legal principles established

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  • The ELRC retains original jurisdiction over Work Injury Benefits Act disputes; delegation to magistrates did not divest it.
  • The appellate jurisdiction under section 52(2) WIBA is triggered only where an Objection was lodged against the Director's award.
  • A DOSHS award not objected to within 60 days may be adopted as a judgment of the ELRC.

Court orders

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  1. 1.The award dated 2 September 2024 by the Director of Occupational Safety and Health Services in the sum of Kshs 1,206,677/- is adopted as a judgment of the Court
  2. 2.The award to attract interest at court rates from 2 September 2024
  3. 3.The applicant to have costs of the Motion
Jurisdiction invoked
Article 162(2)(a) of the Constitution as read with section 12(1)(a) of the Employment and Labour Relations Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Osino v China Civil Engineering Construction Corporation (K) Ltd (Miscellaneous Application E340 of 2024) [2025] KEELRC 1792 (KLR)", Case Analysis (2025). Not stated in judgment (Motion dated 27 November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1792/eng@2025-06-19

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