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ELRCPartially AllowedMiscellaneous Application No. E029 of 2026

Mary Aoko Ogola (Suing as the Personal Representative of the Estate of George Omondi Opiyo (Deceased)) v Vigilmax Security Company Limited

Employment & Labour Relations Court of Kenya
29 September 2026
1,046 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that an employer must pay the outstanding work injury compensation itself and cannot blame its insurer for the shortfall.

What this practically means

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Executive summary

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Mary Aoko Ogola, personal representative of the estate of George Omondi Opiyo (deceased), moved the ELRC at Kisumu by a Notice of Motion dated 4th June 2026 seeking adoption as judgment of a DOSH award made on 15th March 2023 under the Work Injury Benefits Act. DOSH had assessed compensation of Kshs. 1,056,000/- for the deceased, a Vigilmax Security guard assaulted on duty on 10th January 2023; the Respondent paid only Kshs. 506,968/-, leaving a balance of Kshs. 549,032/-. The applicants sought adoption of the award, judgment for the balance with 14% interest from 15th March 2023, and costs, relying on Rules 69 and 73(3) and (4) of the ELRC Procedure Rules, 2024 and on Osino v China Civil Engineering Construction Corporation (K) Ltd on the court's jurisdiction to enforce DOSH awards. The Respondent, through a replying affidavit of its director, blamed AAR Insurance for failing to implement instructions of 1st March 2023 to enhance cover from Kshs. 2,500,000/- to Kshs. 5,000,000/-, and urged that the insurer bear the shortfall. It accepted the court's jurisdiction but disputed 14% interest, invoking section 26 of the Civil Procedure Act. Ruling on 29th September 2026, Nzioki wa Makau, J granted the motion: the employer must satisfy WIBA awards and cannot hide behind its insurer; judgment was entered for the outstanding Kshs. 549,032/- with interest at court rates from the date of judgment, and costs to the Applicants. The applicants did not obtain 14% interest from the DOSH assessment date.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court should adopt the DOSH award without taking into account the substantial payment already made
  2. 2.Whether the Respondent should be condemned to satisfy the alleged outstanding balance notwithstanding the undisputed role of its insurer in the payment
  3. 3.Whether the Applicants are entitled to interest at 14% from 15th March 2023
  4. 4.Who should bear the costs of the application

Key legal issues

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01

Jurisdiction to adopt and enforce DOSH awards

Holding

The ELRC has jurisdiction to adopt and enforce DOSH awards under Rules 69 and 73(3) and (4) of the ELRC Procedure Rules, 2024

Reasoning

The Applicants relied on Osino v China Civil Engineering Construction Corporation (K) Ltd, where the ELRC was held to have requisite jurisdiction to enforce DOSH awards. The court exercised that jurisdiction and adopted the award, indicating acceptance of the jurisdictional position.

p. 4
02

Responsibility for the outstanding balance where insurer underpaid

Holding

The employer must satisfy the WIBA award; a dispute with its insurer is no defence against the claimant

Reasoning

The Respondent argued the shortfall was caused by AAR Insurance's failure to implement instructions enhancing cover. The court held the employer's obligation is to the claimant and any remedy against the insurer lies between the employer and insurer; partial payment does not extinguish the balance owed.

p. 7
03

Interest on the outstanding sum

Holding

Interest awarded at court rates from the date of judgment, not 14% from the date of the DOSH assessment

Reasoning

The Respondent submitted, relying on section 26 of the Civil Procedure Act, that interest is discretionary. The court did not grant 14% from 15th March 2023, instead exercising discretion in favour of court rates from judgment.

p. 7

Legal principles established

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  • It is the employer's obligation to satisfy WIBA awards and it cannot shelter behind its insurer's failure to pay

Court orders

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  1. 1.The DOSH award of 15th March 2023 is adopted and judgment entered against the Respondent for the outstanding Kshs. 549,032/-
  2. 2.Interest at court rates on Kshs. 549,032/- from the date of judgment till payment in full
  3. 3.Costs of the application to the Applicants

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court Procedure Rules, 2024, Rules 69 and 73(3) and (4) - jurisdiction to adopt and enforce DOSH awards under WIBA

Relief refused

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Interest at 14% from 15th March 2023

Court instead awarded interest at court rates from the date of judgment, not from date of DOSH assessment

p. 7

Costs

Costs of the application granted to the Applicants

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The award of the Director of Occupational Safety and Health (DOSH) is partly settled. The balance it would seem is withheld by a third party.
p. 7Status of DOSH award and partial payment
It is the obligation of the employer to satisfy WIBA awards and it cannot hide behind its insurer for the failure to pay the amount due.
p. 7Employer cannot rely on insurer dispute to resist WIBA award
Consequently, the Court will grant the motion with costs to the Applicants. There will be interest at court rates on the sum outstanding which is Kshs. Kshs. 549,032/- from the date of judgment till payment in full.
p. 7Final orders - adoption of award, interest and costs

Issues in the judgment

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minor

Case number year (2026) precedes some events but motion dated 4th June 2026 against award of 15th March 2023 is internally consistent

minor

Duplication of currency prefix in the final order

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, "Mary Aoko Ogola (Suing as the Personal Representative of the Estate of George Omondi Opiyo (Deceased)) v Vigilmax Security Company Limited", Case Analysis (2026). Miscellaneous Application No. E029 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2621/eng@2026-09-29

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