Kyalo v DPL Festive Limited & another (Miscellaneous Cause E034 of 2025) [2025] KEELRC 2441 (KLR)
The bottom line
#A Kenyan worker's bid to enforce an 874,422 shilling workplace injury award collapsed after the court found his supporting document was forged.
What this practically means
#Executive summary
#Key legal issues
#Authenticity of the DOSH Form 4 dated 10 July 2024
The document was a forgery; the genuine Form 4 dated 20 July 2024 assessed permanent disablement at 0% and awarded Kshs 202,038/46
The Assistant Director of Occupational Safety and Health, Dr Mithanga, was summoned and examined under oath. He disowned the demand dated 10 July 2024, testifying that its electronic signature had been lifted and impressed on the Form, and confirmed the genuine Form 4 dated 20 July 2024.
Whether the forged assessment could be adopted as a court order
No; the application was dismissed
The Court held that a Motion based on a forged document cannot be the foundation of adoption, and noted with concern the emerging practice of employees using forged documents in Work Injury Benefits Act claims, a practice previously prevalent in road traffic accident claims.
Legal principles established
#- A claim founded on a forged official document cannot found adoption of the purported award by the Court
Court orders
#- 1.The Motion dated 14 February 2025 is dismissed with costs to the 1st Respondent, which the applicant must meet before he can bring any further action against the Respondent
- 2.The costs to be subjected to taxation with a subject value of Kshs 874,422/-
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over work injury benefits claims under the Work Injury Benefits Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kyalo v DPL Festive Limited & another (Miscellaneous Cause E034 of 2025) [2025] KEELRC 2441 (KLR)", Case Analysis (2025). Motion dated 14 February 2025 (Employment Claim, Isiolo). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2441/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.