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ELRCPartially AllowedELRC MISC. APPLICATION NO. E523 OF 2025· [2026] KEELRC 2634 (KLR)

Aden Ahmed Abdilie (Suing for and on behalf of Adow Hassan Abdille - Deceased) v Ainushamsi Hauliers Ltd & another

Employment & Labour Relations Court
29 September 2026
HWHellen Wasilwa
2,280 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court converted a workplace death compensation award into an enforceable judgment, confirming families can enforce DOSH awards even after long delays.

What this practically means

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Executive summary

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The Applicant, administrator of the estate of Adow Hassan Abdille, a driver who died from work-related injuries sustained on 22nd March 2015 while employed by the 1st Respondent, sought adoption as a judgment of the Court of the Director of Occupational Safety and Health Services' award of 15th June 2015 for Kshs 2,436,576, plus burial expenses of Kshs 356,600 under Section 34(4) WIBA and interest at 14% from the date of the award. The Respondents opposed, contending the ELRC lacks jurisdiction to enforce a Director's award (its mandate being confined to appeals under Section 52(2) WIBA), that employment was unproven, that the Applicant's ten-year delay in obtaining a grant ad litem caused the non-payment, and that interest would unjustly enrich him. The Applicant relied on Rule 69 of the ELRC (Procedure) Rules, 2024 and the Court of Appeal's decision in Charles vs Cheto. The court held the jurisdictional objection devoid of merit, following Charles vs Cheto, and reiterated that the Court's mandate on enforcement is strictly enforcement, not a merits review. The delay was excused as attributable to obtaining letters of administration. The court allowed the application and adopted the Director's award of Kshs 2,436,516 as a judgment of the Court, with interest and costs from the date of the ruling. The burial expenses claim and the claim for interest from 2015 were not granted as sought.

Key legal issues

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01

Jurisdiction to enforce a DOSH award

Holding

The ELRC has jurisdiction to adopt the Director's award as a judgment of the Court; the jurisdictional objection fails

Reasoning

Relying on the Court of Appeal's decision in Charles vs Cheto, the court held that the ELRC is the proper court to adopt the Director's award, consistent with its mandate under Article 162(2)(a) of the Constitution. Rule 69 of the ELRC (Procedure) Rules, 2024 fills the enforcement gap in WIBA. The objection was disregarded.

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02

Scope of enforcement jurisdiction

Holding

On enforcement, the Court cannot revisit the merits of the Director's award, including the employment relationship

Reasoning

The Court of Appeal has held that the ELRC's mandate in enforcement proceedings is strictly enforcement, not a review of the merits or demerits of the award. Factual disputes, such as employment status, should have been raised by objection before the Director or on appeal, neither of which the Respondents pursued.

p. 11
03

Delay in seeking enforcement

Holding

Delay explained by the pursuit of letters of administration; no bar to adoption

Reasoning

The Respondents argued the Applicant took some ten years to obtain the grant ad litem, dated 28th November 2025, against an award of 15th June 2015. The court accepted the Applicant's explanation that enforcement awaited the grant, and found nothing standing in the way of adoption once the grant was obtained.

p. 11

Legal principles established

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  • The ELRC is the court with jurisdiction to adopt the Director of Occupational Safety and Health Services' award under WIBA, per the Court of Appeal
  • In enforcement proceedings the ELRC's mandate is strictly enforcement and does not extend to the merits of the Director's award

Court orders

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  1. 1.The award of the Director DOSH of Kshs 2,436,516 is adopted as a judgment of this Court
  2. 2.The award will attract interest plus costs with effect from the date of this ruling
Jurisdiction invoked
Article 162(2)(a) of the Constitution; Section 12 of the Employment and Labour Relations Court Act; Sections 10, 19, 26 and 51 of WIBA; Rule 69 of the ELRC (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, "Aden Ahmed Abdilie (Suing for and on behalf of Adow Hassan Abdille - Deceased) v Ainushamsi Hauliers Ltd & another", Case Analysis (2026). ELRC MISC. APPLICATION NO. E523 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2634/eng@2026-09-29

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