Jaramogi Oginga Odinga University & another v Corporate Insurance Company Limited (Cause E049 of 2025) [2025] KEELRC 2970 (KLR)
The bottom line
#A Kenyan court struck out a claim to enforce a workplace injury award because the employer sued the insurer instead of being challenged directly over a missing form.
What this practically means
#Executive summary
#Key legal issues
#Admissibility and sufficiency of the DOSHS assessment documents
The claim was incomplete and fatally defective for want of WIBA Form 1; WIBA Form 4 is merely a demand, not the award
The court found that the claimant attached only WIBA Form 4, a demand for payment by DOSHS, and not WIBA Form 1, the actual assessment. Form 1 sets out particulars of the employee, the incident and the authenticated medical report. Without it, the claim for adoption is incomplete and fatally defective and the burden lay on the claimant to prove entitlement to adoption.
Correct parties and cause of action in a WIBA adoption suit
The award is enforceable only against the employer; the insured employee has no cause of action against the insurer and adoption cannot issue against the respondent
Sections 7 and 10 of WIBA place liability to compensate on the employer. Professor Makori was a stranger to the insurance contract, so the award made by DOSHS was against the employer and could only be adopted against the employer via a Miscellaneous Application. The suit as framed against the insurer was unsustainable.
Legal principles established
#- The Employment and Labour Relations Court has jurisdiction to adopt decisions made by DOSHS for purposes of enforcement
- WIBA Form 1 is the actual assessment by DOSHS and is essential to an adoption claim
- A WIBA award made by DOSHS is against the employer and enforceable only against the employer, not the insurer
Court orders
#- 1.The statement of claim dated 18th June 2025 be and is hereby struck out with no Orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction to adopt DOSHS awards under the Work Injury Benefits Act (Sections 51 and 52)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jaramogi Oginga Odinga University & another v Corporate Insurance Company Limited (Cause E049 of 2025) [2025] KEELRC 2970 (KLR)", Case Analysis (2025). Statement of Claim dated 12th June 2025, filed 18th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2970/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.