Kisenge v China Communications Construction Company Limited (Miscellaneous Application E214 of 2023) [2025] KEELRC 1917 (KLR)
The bottom line
#A Kenyan court refused to enforce a work injury award of Kshs. 432,105 because DOSH later revised the worker's incapacity to zero percent.
What this practically means
#Executive summary
#Key legal issues
#Whether the subsequent revision of permanent incapacity from 20% to 0% invalidates the initial DOSH award
Yes - the revised assessment by DOSH is the authoritative determination and the initial award cannot stand.
Although the Respondent's failure to object within the statutory period initially solidified the award, DOSH is the statutory body mandated to assess such claims and its subsequent revision cannot be ignored. Finality of administrative decisions and the statutory framework of WIBA vest DOSH with the exclusive mandate to assess and revise compensation, so the revised 0% assessment supersedes the initial award of Kshs. 432,105/=.
Whether the Court has jurisdiction to adopt the DOSH Award as its judgment
No, in circumstances where the award itself has been invalidated by the statutory authority.
The authorities cited by the Applicant (Samson Chueya Muandabole and Elijah Kisyanga Ndende) affirm the Court's inherent jurisdiction to enforce DOSH awards where employers refuse to pay, but do not address situations where the award itself has been invalidated by the statutory authority. The Respondent's jurisdictional objection was found persuasive in such circumstances.
Whether the Respondent proved contributory negligence
The submission was plausible but insufficiently substantiated; the Respondent did not prove contributory negligence to a balance of probabilities.
While workplace safety is a shared responsibility, the Respondent did not provide concrete evidence proving that the Applicant's actions directly caused the injury. The evidence fell short of the balance-of-probabilities standard. The finding did not affect the outcome, which turned on the revised DOSH assessment.
Legal principles established
#- An employer dissatisfied with a DOSH assessment must challenge it within 60 days under Sections 51 and 52 of WIBA, failing which the decision becomes final; however, a subsequent revision of the assessment by DOSH supersedes the initial award.
- Judicial intervention to enforce an award nullified by the statutory authority would undermine WIBA, which vests DOSH with the exclusive mandate to assess and revise compensation.
Court orders
#- 1.The application dated 13th October 2023 seeking adoption of the DOSH Award of Kshs. 432,105/= as the judgment of the Court is dismissed
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Work Injury Benefits Act, 2007; inherent jurisdiction of the Employment and Labour Relations Court to adopt DOSH awards
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kisenge v China Communications Construction Company Limited (Miscellaneous Application E214 of 2023) [2025] KEELRC 1917 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1917/eng@2025-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.