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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC JR No. E076 of 2025

Harrison Makau Muasya v DOSH

Employment and Labour Relations Court
28 September 2026
3,691 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court quashed a Kshs.691,670 workplace injury demand because DOSH never gave the employer a hearing and relied on a flawed form.

What this practically means

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Executive summary

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The Applicant, sole proprietor of Chief Chicken Javaris, a Nairobi food business, sought judicial review orders of certiorari and prohibition quashing and restraining enforcement of a decision and demand by the Director of Occupational Safety and Health Services (DOSH) dated 8th April 2025 requiring payment of Kshs.691,670.76 to a former cook injured at work. Leave had been granted earlier, operating as a stay. The Applicant contended the award was issued against him personally without correctly identifying the employer as the business name, that the DOSH Form I was riddled with irregularities and was not completed or authorised by him, that the award was never served so he learnt of it only in July 2025 via WhatsApp, and that no inquiry or investigation was conducted as required by section 23 of the Work Injury Benefits Act. The Respondent failed to file responses or submissions despite repeated indulgence, leaving the motion undefended. The court framed three issues: whether failure to identify the business name on the award was fatal; whether the DOSH Form I was reliable; and whether the motion was merited. Applying Order 30 of the Civil Procedure Rules and authorities, it held the misdescription was not fatal since a business name has no existence outside its proprietor. It found the DOSH Form I lacked authenticity due to inconsistencies, omissions and an AMREF stamp where Kenyatta National Hospital was alleged. Finding the Applicant was never heard before the award issued, and that no inquiry or comprehensive medical report supported the 23% permanent incapacity, the court granted certiorari quashing the decision and demand, with each party bearing their own costs. Prohibition was not expressly granted.

Key legal issues

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01

Whether failure to identify the business name 'Chef Chicken Javaris' on the award was fatal

Holding

Not fatal; the action belongs to the proprietor and the award vests in or against him

Reasoning

The court applied Order 30 of the Civil Procedure Rules and authorities holding that a person carrying on business in a name other than his own may be sued in that name, but the suit targets the proprietor using the business name. A business name is not a juristic person. The registration certificate established that the Applicant was the proprietor and the Interested Party's employer, so the misdescription lacked persuasion.

p. 8
02

Whether the DOSH Form I was reliable

Holding

The Form lacked authenticity due to inconsistencies and omissions; the assessment resulting from it cannot stand

Reasoning

The court found two DOSH Forms I on record, incomplete and undated, with a page completed by one PRAS allegedly of Kenyatta National Hospital but stamped AMREF. The form was not authenticated by the Applicant, did not mention his business or workplace, and appeared copied from a form involving a different person. These inconsistencies made the assessment unsustainable.

p. 10
03

Whether the motion for judicial review was merited

Holding

Merited; the Applicant was not heard before the DOSHS pronounced itself, among other procedural lapses

Reasoning

The Respondent did not respond to the application despite being accorded time. There was no evidence of service of the claim for compensation, no evidence that the Director made inquiries under section 23 WIBA, and no comprehensive medical report supporting the 23% permanent incapacity finding. Denial of the right to be heard vitiated the decision, warranting certiorari.

p. 13

Legal principles established

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  • A business name has no existence outside the proprietor; orders or awards made in the business name vest in or against the proprietor
  • Denial of the opportunity to be heard vitiates any decision made by the decision maker
  • Under section 23 of WIBA the Director must make such inquiries as are necessary to decide upon any claim or liability

Court orders

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  1. 1.An order of certiorari issued to remove into the court for purposes of quashing the decision and demand made by the Respondent on 8th April 2025 requiring payment of Kshs.691,670.76
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Judicial review jurisdiction of the ELRC; leave granted to institute judicial review proceedings operating as stay of execution

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, "Harrison Makau Muasya v DOSH", Case Analysis (2026). ELRC JR No. E076 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2627/eng@2026-09-28

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