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ELRCAllowedELRC MISC. APPLICATION NO. E016 OF 2026· [2026] KEELRC 2560 (KLR)

Samuel Khisa v Bluestone Limited

Employment & Labour Relations Court
23 September 2026
HWHellen Wasilwa
2,441 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Applicant, a Helper employed by the Respondent, sustained amputated distal phalanges of three left fingers in a workplace accident on 23rd December 2022. The Respondent itself reported the accident to the Directorate of Occupational Safety and Health Services (DOSH) and completed DOSH Form 1. On 11th January 2023 the Director assessed compensation at Kshs. 283,475, and on 1st March 2024 a Demand for Payment of Work Injury Benefit issued. The Respondent neither paid nor lodged an objection or appeal. The Applicant moved the Court by Notice of Motion dated 13th March 2026 seeking adoption of the DOSH award as a judgment, entry of judgment for Kshs. 283,475, interest, and costs. The Respondent opposed, contending it was never served with any process in the DOSH proceedings, was unaware of the assessment, and was thereby denied its Article 50 right to a fair hearing and its statutory objection rights, relying on Onyango Oloo and Article 47 fair administrative action authorities. The Applicant relied on Law Society of Kenya v Attorney General, arguing the Respondent initiated the DOSH process itself and was estopped from challenging the award at the enforcement stage. Justice Hellen Wasilwa found the Respondent's averment of ignorance without merit, noting it reported the accident and was informed of the assessment through Form DOSH/WIBA 4. The court allowed the application, adopted the Director's award, and entered judgment for Kshs. 283,475 plus costs and interest at court rates from the date of the ruling.

Key legal issues

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01

Whether the Respondent was denied a fair hearing in the DOSH assessment process

Holding

The claim of non-awareness was without merit; the Respondent itself initiated the process by reporting the accident and completing DOSH Form 1, and was informed of the assessment through Form DOSH/WIBA 4

Reasoning

The court examined the documents and found the Respondent reported the accident to DOSH by filling Form 1 dated 11/1/23, a medical report was prepared, and DOSH informed the Respondent of the assessment on 1/3/24 through Form DOSH/WIBA 4. Having initiated and been notified of the process, the Respondent's assertion of ignorance of the assessment and its results failed.

p. 12
02

Whether the DOSH award should be adopted and enforced as a judgment

Holding

The application was found merited; the award was adopted and judgment entered for Kshs. 283,475 with costs and interest

Reasoning

The Respondent did not lodge any objection or appeal against the award within the statutory period under Section 51(1) of WIBA, and did not pay. The court found the application merited, adopted the Director's award, and entered judgment for the assessed sum with costs and interest at court rates from the date of the ruling.

p. 12

Legal principles established

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  • Where an employer itself reports a work injury to DOSH and completes DOSH Form 1, it cannot later claim ignorance of the assessment proceedings

Court orders

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  1. 1.The award of the Director DOSH made on 1st March 2024 is adopted as a judgment of the Court
  2. 2.Judgment entered for the Applicant against the Respondent for Kshs. 283,475/-
  3. 3.Interest at court rates with effect from the date of the ruling
  4. 4.Costs of the application to the Applicant
Jurisdiction invoked
Sections 23 and 51 of the Work Injury Benefits Act, 2007; enforcement of a DOSH Director's award under WIBA

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, "Samuel Khisa v Bluestone Limited", Case Analysis (2026). ELRC MISC. APPLICATION NO. E016 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2560/eng@2026-09-23

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