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ELRCDismissedKisumu MCCC/158/2018 (appeal therefrom; ELRC appeal at Kisumu)

Anguso v DPL Festive Limited (Appeal E040 of 2025) [2025] KEELRC 2524 (KLR)

Employment and Labour Relations Court
22 September 2025
1,971 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Employment and Labour Relations Court confirmed that only it can enforce workplace injury awards from DOSHS, not Magistrate's courts.

What this practically means

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Executive summary

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This first appellate decision of the Employment and Labour Relations Court at Kisumu, delivered by Dr. Jacob Gakeri on 22 September 2025, concerned an appeal against the ruling of Hon. V. Adhiambo, Senior Principal Magistrate, who declined jurisdiction to adopt as a judgment of the Magistrate's court a compensation award of Kshs.536,121.60 assessed by the Director of Occupational Safety and Health Services (DOSHS) in favour of the appellant, a workman injured on 10 January 2017. The suit had been filed on 11 April 2018 under WIBA. The appellant advanced five grounds, contending that the trial court disregarded the Chief Justice's Practice Directions of 28 April 2023 and the decisions in the Law Society of Kenya litigation on legitimate expectation. The court restated the first appellate court's duty to re-evaluate evidence, then held that neither the practice directions nor the superior court decisions nor the doctrine of legitimate expectation determined the jurisdictional question. Relying on the Supreme Court's affirmation that Section 16 of WIBA is facilitative rather than an ouster clause, and on the Court of Appeal's recent decision in Thepot Patrick Charles v Joash Shisia Cheto [2025] KECA 784 (KLR), the court affirmed that only the Employment and Labour Relations Court may enforce DOSHS awards, and that a dissatisfied party must seek judicial review there. The trial magistrate was found to have construed the law correctly. The appeal was dismissed with no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the trial court had jurisdiction to adopt the award of Kshs.536,121.60 by the DOSHS as its judgment
  2. 2.Whether the appellant had a legitimate expectation that the suit would proceed to conclusion before the Magistrate's court

Key legal issues

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01

Jurisdiction of the Magistrate's court to adopt DOSHS awards

Holding

The Magistrate's court has no jurisdiction to adopt a DOSHS award as its judgment; enforcement of WIBA awards lies in the Employment and Labour Relations Court.

Reasoning

WIBA, following the Court of Appeal and Supreme Court decisions in the Law Society of Kenya litigation, remained the operational framework for work-injury compensation save Section 7. Section 16 is facilitative, directing aggrieved parties to the Employment and Labour Relations Court for judicial assistance against Director's decisions. The Practice Directions of 28 April 2023 and legitimate expectation did not confer jurisdiction on the Magistrate's court to adopt the award.

p. 4
02

Legitimate expectation of claimants with pending suits

Holding

Legitimate expectation applies to claims already pending before the courts when WIBA was enacted, but does not confer jurisdiction on the Magistrate's court to adopt DOSHS awards.

Reasoning

The Supreme Court held that claimants in cases pending at the passage of WIBA have a legitimate expectation that their cases would be concluded under the judicial process invoked. However, this suit related to adoption of a DOSHS award, and neither the doctrine nor the practice directions determined the jurisdictional question before the trial court.

p. 3
03

Challenge to a DOSHS decision

Holding

A party dissatisfied with a DOSHS decision, having not objected under Section 52(1) of WIBA, must seek judicial review before the Employment and Labour Relations Court before adoption of the award.

Reasoning

The Court of Appeal in Thepot Patrick Charles v Joash Shisia Cheto affirmed that the only way to challenge a DOSHS decision not objected to before the Director is a judicial review motion in the ELRC, to be brought before the award is adopted, with a stay of adoption proceedings if already instituted.

p. 4

Legal principles established

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  • A person dissatisfied with a decision of the DOSHS can only seek redress from the Employment and Labour Relations Court.
  • The Employment and Labour Relations Court has jurisdiction to enforce awards by the DOSHS.
  • The provisions of WIBA are silent on enforcement of awards made by the DOSHS.

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Parties shall bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Chief Magistrate's Court, Kisumu
Kisumu MCCC/158/2018
Jurisdiction invoked
First appellate jurisdiction over the Chief Magistrate's Court decision (Employment and Labour Relations Court)

Relief refused

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Setting aside the trial court's judgment and adoption of the DOSHS award of Kshs.536,121.60 as an order of the court

The Magistrate's court had no jurisdiction to adopt DOSHS awards; redress lies in the Employment and Labour Relations Court

p. 4

Costs

Parties shall bear own costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end it is the finding of the court that the instant appeal is devoid of merit and it is accordingly dismissed. Parties shall bear own costs.
p. 4Final orders and disposition
The foregoing sentiments of the Court leave no doubt that a person who is dissatisfied with a decision of the DOSHS could only seek redress from the Employment and Labour Relations Court.
p. 3Exclusive forum for DOSHS disputes
where the court laid it bare that Employment and Labour Relations Court had the jurisdiction to enforce awards by the DOSHS
p. 4Jurisdiction to enforce WIBA/DOSHS awards
neither the practice directions or the decisions nor the doctrine of legitimate expectation determined the question of jurisdiction to adopt awards of the DOSHS which was the issue before the court
p. 2Irrelevance of practice directions and legitimate expectation to jurisdiction

Issues in the judgment

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minor

Typographical rendering errors in the judgment text ('efiective' for 'effective', 'afirmed' for 'affirmed', 'difierent' for 'different').

minor

The case number field in the coram portion reflects only the trial suit number; the appeal's own file number is not stated in the judgment text.

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, "Anguso v DPL Festive Limited (Appeal E040 of 2025) [2025] KEELRC 2524 (KLR)", Case Analysis (2025). Kisumu MCCC/158/2018 (appeal therefrom; ELRC appeal at Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2524/eng@2025-09-22

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