China State Construction Engineering Corporation Limited v Makanda (Employment and Labour Relations Appeal E318 of 2025) [2025] KEELRC 3739 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to stop a Kshs.1.97 million workplace injury award, ruling two years of unexplained delay was no excuse.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause existed to warrant leave to appeal out of time and a stay of proceedings
No; the application was dismissed as the Applicant's delay was inordinate, unexplained and amounted to diversionary tactics to delay the Respondent's realization of the DOSH award
The court found that the Applicant was served with the DOSH decision and given time to comply but instead employed diversionary tactics. The explanation that the insurer's records department inadvertently filed away the decision did not constitute sufficient cause. The Respondent established a compelling case of dalliance and non-compliance with the law and procedure applicable to WIBA matters, and the court declined to exercise its discretion in the Applicant's favour.
The effect of dilatory applications on the statutory scheme under WIBA
Attempts to derail DOSH functions and decisions without good measure are inappropriate and dilute the impetus and functionality of WIBA
The court considered that allowing the application would undermine the statutory authority of DOSH and the finality of administrative and quasi-judicial processes under WIBA. It found it appropriate to depart from its recent determination on the same issues involving the same Appellant, emphasizing that the statutory scheme for work injury compensation should not be frustrated by procedural abuse.
Legal principles established
#- Courts should not entertain attempts to derail the functions and decisions of DOSH without good measure, as this would dilute the impetus and functionality of WIBA
- Extension of time under section 52 of WIBA requires adequate and convincing reasons for inaction; delay tactics to defeat the fruits of a DOSH decision do not merit the court's discretion
Court orders
#- 1.Dismissal of the application
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Discretion of the court under the Work Injury Benefits Act, 2007 (section 52) in relation to DOSH decisions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "China State Construction Engineering Corporation Limited v Makanda (Employment and Labour Relations Appeal E318 of 2025) [2025] KEELRC 3739 (KLR)", Case Analysis (2025). ELRC Misc Application (stay of proceedings in ELRC Misc Application No. 294 of 2025; application dated 16th September, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3739/eng@2025-12-09
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