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ELRCDismissedMotion dated 14 February 2025 (Employment Claim, Isiolo)· [2025] KEELRC 2441 (KLR)

Kyalo v DPL Festive Limited & another (Miscellaneous Cause E034 of 2025) [2025] KEELRC 2441 (KLR)

Employment and Labour Relations Court
18 September 2025
886 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The applicant, Nzuva Kyalo, moved the Court by Motion dated 14 February 2025 seeking adoption as an order of the Court of an assessment by the Director of Occupational Health and Safety of Kshs 874,422/- and a decree against the Respondents, DPL Festive Ltd and APA Insurance Ltd. He claimed to have been injured at work on 18 February 2022 and that the Director had assessed compensation which the Respondents neglected to pay. The Respondents filed replying affidavits sworn by their Legal Officers: APA Insurance denied any nexus with the applicant, while DPL Festive Ltd admitted the accident but stated that the Director had assessed the injury without permanent incapacity at Kshs 202,038/-, and alleged that the later demand of Kshs 874,422/- and its supporting documents were forgeries. Because of inconsistent records, the Court summoned the Director of Occupational Safety and Health; an Assistant Director, Dr Mithanga, testified that the electronic signature on the demand dated 10 July 2024 had been lifted and impressed on the Form, disowned it as a forgery, and confirmed the genuine Form 4 dated 20 July 2024, which assessed permanent disablement at 0% and awarded Kshs 202,038/46. The Court held that an action founded on a forged document cannot found adoption, deplored the growing use of forged documents in Work Injury Benefits Act claims, and dismissed the Motion with costs to the 1st Respondent, taxable with a subject value of Kshs 874,422/-.

Key legal issues

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01

Authenticity of the DOSH Form 4 dated 10 July 2024

Holding

The document was a forgery; the genuine Form 4 dated 20 July 2024 assessed permanent disablement at 0% and awarded Kshs 202,038/46

Reasoning

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.

p. 2
02

Whether the forged assessment could be adopted as a court order

Holding

No; the application was dismissed

Reasoning

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.

p. 3

Legal principles established

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  • A claim founded on a forged official document cannot found adoption of the purported award by the Court

Court orders

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  1. 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. 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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.