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ELRCDismissedNot stated in judgment (Appeal against Objection to DOSH Award; related to Nakuru Chief Magistrate's Court Miscellaneous Application Number E048 of 2023)· [2025] KEELRC 3001 (KLR)

Timsales Limited v Mburu (Appeal E054 of 2024) [2025] KEELRC 3001 (KLR)

Employment and Labour Relations Court
31 October 2025
JRJAMES RIKA
477 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment and Labour Relations Court confirmed a work injury objection was filed on time because the DOSH date stamp, not later correspondence, counts.

What this practically means

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Executive summary

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The Respondent, DOSH, applied by notice dated 26th June 2025 to strike out the Appellant's appeal, contending that the objection to the DOSH Award under the Work Injury Benefits Act was filed outside the 60-day period prescribed by Sections 51 and 52 of the Act. DOSH asserted the Award was made on 21st February 2023 and that the objection was lodged on 29th February 2024, well out of time. The Appellant opposed the application through the affidavit of Lawrence Momanyi, Assistant Legal Manager of its insurer, Mayfair Insurance Limited, who maintained that the objection dated 17th March 2023 was received by DOSH on 4th April 2023, within time. The Court, after considering both affidavits, found that the Award was made on 23rd February 2023; the objection form was dated 17th March 2023 and was forwarded to DOSH by the Appellant's Advocates on the same date, with DOSH's stamp showing receipt on 4th April 2023 - within the 60-day period. The Court held that a letter dated 14th March 2024 from the Appellant's Advocates was merely a follow-up enquiry on the objection, prompted by execution proceedings the Respondent had initiated in the Nakuru Chief Magistrate's Court, and not the filing of the objection itself. DOSH's response of 4th July 2024, declining the objection as late on the basis of the 29th February 2024 date, was therefore incorrect. The Appellant filed its appeal on 15th July 2024, 11 days after receiving that decision, and the Court found the appeal validly before it. The striking-out application was declined; the Appellant was directed to file and serve its Record of Appeal within 21 days, and no order was made on costs.

Key legal issues

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01

Timeliness of the objection to the DOSH Award

Holding

The objection was filed within the 60-day period under Sections 51 and 52 of the Work Injury Benefits Act; DOSH's finding of lateness was incorrect

Reasoning

The Award was made on 23rd February 2023. The objection form was dated 17th March 2023 and was forwarded to DOSH by the Appellant's Advocates on the same date. The DOSH stamp shows receipt on 4th April 2023, which is within 60 days. The later letter of 14th March 2024 was merely a follow-up prompted by execution proceedings, not the filing of the objection. DOSH erred in treating 29th February 2024 as the date of filing.

p. 2
02

Validity of the Appeal

Holding

The Appeal, filed on 15th July 2024 after receipt of DOSH's decision on the objection, is validly before the Court

Reasoning

Having received DOSH's decision declining the objection, the Appellant filed the Appeal 11 days later. Since the objection itself was filed within the statutory period and the appeal followed promptly on DOSH's response, the Court found the appeal properly before it and declined the application to strike it out.

p. 2

Legal principles established

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  • Where the objection form is dated and stamped as received within the 60-day statutory period, an objection is validly lodged even if DOSH later declines it on a finding of lateness

Court orders

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  1. 1.The application is declined
  2. 2.The Appellant shall file and serve its Record of Appeal within 21 days of this Ruling
  3. 3.No order on the costs
Jurisdiction invoked
Sections 51 and 52 of the Work Injury Benefits Act; Rule 68(5) of the E&LRC (Procedure) Rules, 2024

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, "Timsales Limited v Mburu (Appeal E054 of 2024) [2025] KEELRC 3001 (KLR)", Case Analysis (2025). Not stated in judgment (Appeal against Objection to DOSH Award; related to Nakuru Chief Magistrate's Court Miscellaneous Application Number E048 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3001/eng@2025-10-31

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