Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNaivasha Miscellaneous Civil Application (as printed in the judgment; judicial review motion dated 25th November)· [2025] KEELRC 2905 (KLR)

Republic v Directorate of Occupational Health and Safety Services & 2 others; H Young & Co (EA) Limited (Ex parte) (Judicial Review E011 of 2024) [2025] KEELRC 2905 (KLR)

High Court of Kenya
24 October 2025
2,412 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

A Kenyan employer lost its bid to overturn a workplace injury award because it failed to report the accident and used the wrong legal route.

What this practically means

#

Executive summary

#
The ex-parte applicant, H. Young & Co. (E.A) Ltd, moved the High Court at Nakuru by notice of motion seeking orders of prohibition and certiorari directed at the Directorate of Occupational Health and Safety Services, to quash an award dated 2nd May 2024 issued in favour of the 3rd respondent, Peter Matieso Ongangi, arising from a workplace injury allegedly sustained on 2nd July 2020, and to stay enforcement proceedings in Naivasha Miscellaneous Civil Application No. E002 of 2024. The applicant argued the claim was time-barred under section 26 WIBA, that the award was issued without notice, inquiry or hearing in breach of Article 47 and the Fair Administrative Action Act, and that the applicant risked financial loss of Kshs.398,178.40. The 3rd respondent opposed, contending the employer itself failed its statutory reporting duty under section 22(1) WIBA and approached the court with unclean hands. The 1st and 2nd respondents did not appear. The court, citing the Supreme Court's exposition of judicial review, found that the employer was aware of the injury from 3rd July 2020 yet failed to report the accident to the Director as required by section 22(1) WIBA, an offence; consequently the employee retained the right to report at any time. The court further held the applicant's proper remedy against the Director's award was objection and appeal under sections 51 and 52 of WIBA, not judicial review, rendering the application improperly designed. The application was dismissed with each party bearing its own costs.

Key legal issues

#
01

Whether the judicial review application seeking prohibition and certiorari against the WIBA award was merited

Holding

The application was not merited and was dismissed; the applicant had an alternative statutory remedy of objection and appeal and came to court with unclean hands.

Reasoning

The court found the employer was aware of the injury (having referred the employee to a medical facility on 3rd July 2020) but failed to report the accident to the Director as required by section 22(1) WIBA, which is an offence. Because the employer breached its own statutory duty, the employee retained the right to report the accident at any time. The applicant's proper remedy against the Director's award was the objection procedure under section 51 and appeal under section 52 of WIBA, not judicial review. The suit was therefore misdesigned as a review rather than an appeal.

p. 5
02

Whether the delay in reporting the claim defeated the award under section 26 WIBA

Holding

No; the employer's failure to report under section 22(1) excused the employee's delay.

Reasoning

The applicant argued the claim was filed four years after the injury contrary to section 26 WIBA's 12-month limitation. The court held the employer was aware of the injury from 3rd July 2020 yet failed to report it to the Director as required by section 22(1) WIBA, committing an offence. Since the employer failed to discharge its duty, the employee was entitled to report the accident at any time, neutralizing the limitation objection and the unclean-hands point weighed against the applicant.

p. 5

Legal principles established

#
  • Judicial review is concerned with the decision-making process, not the merits of the decision
  • An employer who fails to report a workplace accident under section 22(1) WIBA cannot rely on the employee's late reporting; the employee may report at any time
  • A party dissatisfied with the Director's decision under WIBA must pursue the objection and appeal procedure under sections 51 and 52 rather than judicial review

Court orders

#
  1. 1.The application by the Ex-parte Applicant is dismissed
  2. 2.Each party will bear its costs of this application
  3. 3.Orders accordingly

Authorities

#

Legislation

  • Work Injury Benefits Act, 2007 (WIBA)sections 21(1), 22, 22(1), 23, 23(1), 25, 25(1), 26, 26(1), 26(2), 29, 51, 51(2), 52
  • Constitution of Kenya, 2010Articles 47, 47(1) and (2), 159, 159(2)(d), 48
  • Fair Administrative Action Act, 2015sections 4, 4(3)(b), 4(3)(g), 5, 7(2)(j), 7(2)(k), 7(2)(n)
  • Limitation of Actions Act
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure Act (Chapter 21, Laws of Kenya)Section 1B

Cases cited (19)

  • Peter Gichuki King’ara V IEBC
    [2017] eKLR
  • Attorney General v Law Society of Kenya
    [2017] eKLR
  • Kenya Revenue Authority v Menginya Salim Murgani
    [2009] eKLR
  • Judges and Magistrates Vetting Board v CHRD & 11 Others
    [2014] eKLR
  • Communications Commission of Kenya v Royal Media Services
    [2014] eKLR
  • Dry Associates Ltd v CMA & Another
    [2012] eKLR
  • Geothermal Development Co. Ltd v AG & 3 Others
    [2013] eKLR
  • Municipal Council of Mombasa v Republic & Umoja Consultants Ltd
    [2002] eKLR
  • Pastoli v Kabale District Local Government
    [2008] 2 EA 300
  • Republic v KRA ex parte Yaya Towers Ltd
    [2008] eKLR
  • Keroche Industries Ltd v KRA
    [2007] eKLR
  • Muchanga Investments Ltd v Safaris Unlimited
    [2009] eKLR
  • Beatrice Ndungu v Henry Wanyoike
    [2020] eKLR
  • Republic v Commissioner of Co-operatives Ex parte Kirinyaga Tea Growers
    [1999] eKLR
  • Republic v PPARB Ex Parte Gibb Africa Ltd
    [2012] eKLR
  • Suchan Investment Ltd v Ministry of National Heritage
    [2016] eKLR
  • London Distillers (K) Ltd V NEMA & Another
    [2023] KEELC 16266 (KLR)
  • Republic V Minister for Lands Exparte Justin Nyagi Ngure & 5 Others
    [2012] KEHC 1087 (KLR)
  • Dande & 3 Others v Inspector General, National Police Service & 5 Others
    [2023] KESC 40 (KLR)
Jurisdiction invoked
Judicial review jurisdiction of the High Court (orders of certiorari and prohibition)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Republic v Directorate of Occupational Health and Safety Services & 2 others; H Young & Co (EA) Limited (Ex parte) (Judicial Review E011 of 2024) [2025] KEELRC 2905 (KLR)", Case Analysis (2025). Naivasha Miscellaneous Civil Application (as printed in the judgment; judicial review motion dated 25th November). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2905/eng@2025-10-24

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