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ELRCStruck OutMisc. Application No. E021 of 2026· [2026] KEELRC 2673 (KLR)

Allan Pascal Sali v Nairobi Sports House Limited

Employment and Labour Relations Court
25 September 2026
1,112 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 worker's bid to enforce a workplace injury compensation award failed because he filed his court case more than three years after the deadline to pay expired.

What this practically means

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Executive summary

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The Applicant, an employee of the Respondent, moved the Court by Notice of Motion dated 16th January 2026 seeking adoption as a judgment of the Court of Kshs.56,942.31 assessed by the Director of Occupational Safety and Health Services as compensation for permanent incapacity following a workplace injury, together with a decree for that sum with interest at 14% per annum from 19th February 2021, and costs. He deponed that he sustained a deep cut while working on 13th November 2021, that DOSH Form 4 assessed his permanent incapacity at 0% with compensation of Kshs.56,942.31, and that the Respondent refused to pay. The Respondent, through a replying affidavit of Kassam A Harunani, disputed liability and contended the sum was erroneously computed and excessive. The Court held that under WIBA, liability and assessment of compensation fall within the Director's province, and any aggrieved party may only challenge the Director's decision under Sections 51 and 52 of WIBA. Failure to pay the assessed sum within the statutory ninety days constituted an offence under Section 26(6) of WIBA and vested a civil cause of action, but such a suit must be filed within three years under Section 89 of the Employment Act. The ninety days expired on 19th May 2021 and three years lapsed on 19th May 2024; the application filed on 16th January 2026 was therefore statute-barred. The Court struck out the Notice of Motion with no order as to costs.

Key legal issues

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01

Limitation period for enforcing a DOSH-assessed WIBA compensation claim

Holding

The three-year limitation period under Section 89 of the Employment Act runs from the expiry of the ninety-day period given to the employer by the Director to pay the assessed sum

Reasoning

The Director assessed compensation on 19th February 2021 and demanded payment within ninety days, which lapsed on 19th May 2021. The cause of action accrued then, and three years expired on 19th May 2024. The application filed on 16th January 2026 was over one year and seven months late and therefore statute-barred.

p. 5
02

Forum for disputing DOSH decisions on liability and assessment

Holding

Liability and assessment of compensation under WIBA are for the Director; aggrieved parties may only challenge the Director's decision under Sections 51 and 52 of WIBA

Reasoning

Section 23(1) of WIBA empowers the Director to make inquiries and decide claims and liability. Once the Director decides, any aggrieved person or entity must pursue the objection and appeal mechanisms in Sections 51 and 52 of WIBA rather than contesting liability afresh before the Court.

p. 4

Legal principles established

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  • Determination of liability and assessment of compensation for work-related injuries under WIBA falls within the province of the Director, and aggrieved parties may only challenge such decisions under Sections 51 and 52 of WIBA
  • Failure by an employer to pay an assessed WIBA claim within ninety days constitutes an offence under Section 26(6) and vests a civil cause of action, which must be filed within three years under Section 89 of the Employment Act
  • A court has no jurisdiction to entertain statute-barred suits

Court orders

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  1. 1.The Notice of Motion dated 16th January, 2026 is struck off with no order as to costs
Jurisdiction invoked
Work Injury Benefits Act and Employment Act, Section 89 (formerly Section 90); ELRC jurisdiction over employment disputes

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, "Allan Pascal Sali v Nairobi Sports House Limited", Case Analysis (2026). Misc. Application No. E021 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2673/eng@2026-09-25

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