Kabara v Broad Contractors Company Limited (Miscellaneous Case E047 of 2025) [2025] KEELRC 2247 (KLR)
The bottom line
#Kenya's Employment Court confirmed that employers must challenge workplace injury assessments with DOSHS within 60 days, or the award becomes enforceable as a court judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELRC may adopt a DOSHS award as a judgment of the court
Yes. Relying on the Court of Appeal in Thepot Patrick Charles v Joash Shisia Cheto, the court affirmed that enforcement of the Director's decisions lies with the ELRC.
The Court of Appeal had affirmed that although WIBA contains no express enforcement procedure, the ELRC is the court with jurisdiction over employment and labour relations claims, as provided under Sections 86 and 89 of the Employment Act. The court therefore adopted the DOSHS assessment as an order and entered judgment accordingly.
Whether allegations of a fraudulently used company stamp and an exaggerated assessment could defeat adoption of the DOSHS award
No. Such matters had to be raised by objection with DOSHS under Section 51 of WIBA and, if unsuccessful, by appeal to the ELRC under Section 52.
The respondent received the DOSH WIBA 4 notification, acknowledged receipt, but never lodged an objection within the sixty days or at all. It had the opportunity to raise the fraud and exaggeration complaints before DOSHS but sat pretty until the adoption application was filed. Its objections were therefore an afterthought and could not be entertained at the adoption stage.
Whether Section 51(1) of WIBA bars late objections
The phrase 'may within sixty days' suggests the DOSHS has discretion to receive objections even after the sixty days.
The court read Section 51(1) permissively, noting the respondent could still have approached DOSHS after the sixty-day period. Since the respondent took no step at all, the applicant had 'crossed the rubicon' and the award was binding and enforceable.
Legal principles established
#- The Employment and Labour Relations Court is the court with jurisdiction to adopt and enforce DOSHS awards.
- A party aggrieved by a DOSHS assessment must lodge an objection under Section 51 of WIBA and, if dissatisfied with the Director's reply, appeal under Section 52; such grounds cannot be raised to resist adoption proceedings.
- The remedy for a party who becomes aware of the Director's decision after the objection period has lapsed is judicial review to quash the award before adoption, coupled with a stay of the adoption proceedings.
Court orders
#- 1.The award by the Director of Occupational Safety and Health Services (DOSHS) dated 19th December, 2024 adopted as an order of the court and judgment entered in the sum of Kshs.450,780.73 in favour of the applicant against the respondent
- 2.Parties shall bear their own costs
- Jurisdiction invoked
- Sections 86 and 89 of the Employment Act (Cap 226) as read with the ELRC's jurisdiction over employment and labour relations claims; Sections 1A, 1B & 34 of the Civil Procedure Act and Section 87 of the Employment Act; Sections 10 and 3 of WIBA
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kabara v Broad Contractors Company Limited (Miscellaneous Case E047 of 2025) [2025] KEELRC 2247 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2247/eng@2025-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.