Mbugua v Majid Al Futtaim Hypermarkets Ltd (Miscellaneous Application E092 of 2026) [2026] KEELRC 2366 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2366 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI MISCELLANEOUS APPLICATION E092 OF 2026 AK NZEI, J JULY 31, 2026 BETWEEN NJENGA MBUGUA .................................................................................. APPLICANT AND MAJID AL FUTTAIM HYPERMARKETS LTD .............................. RESPONDENT RULING 1. The application before me for determination is the Applicant’s Notice of Motion dated 20th February, 2026. The Applicant seeks the following Orders:a. That the compensation of Kshs.41,538.46 assessed by the Director of Occupational Safety and Health Services to the Applicant herein be adopted as a Judgment of the Court. b. That a decree be issued in accordance with the assessment of the Director of Occupational Safety for the sum of Kshs.41,538.46/=, with interest at 14% per annum from 24th April, 2020. c. That costs of the Application be paid by the Respondent. 2. The application is anchored on the Applicant’s supporting adavit sworn on 20th February, 2026, and documents annexed to the said adavit include copies of DOSH/FORM 1 and DOSH/WIBA 4. The assessment of compensation by the Director of Occupational Safety and Health Services (the Director), which the Applicant now seeks to enforce, is shown to have been made on 23rd April, 2020, regarding work injuries shown to have been sustained by the Applicant on 16th March, 2020. Demand for payment of the assessed sum is shown to have been made by the Director on 24th April, 2020. 3. The Respondent did not le response to the application herein, though shown to have been served with the application. The application is, therefore, unopposed. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2366/eng@2026-07-31 1
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4. Section 26(4) of Work Injury Benefits Act (WIBA) provides as follows:“ (4) An employer or insurer against whom a claim for compensation is lodged by the Director under this Section, shall settle the claim within ninety days of lodging of the claim.” 5. Failure by the Respondent (the employer) to pay the assessed and demanded sum within the statutory period of ninety days amounted to an oence pursuant to Section 26(6) of the WIBA, and vested a civil cause of action on the Applicant regarding the assessed sum. The said sum thus became the Applicant’s right and entitlement arising from the employer-employee relationship (contract of service) between himself (the Applicant) and the Respondent (the employer). The present enforcement suit/application, therefore, ought to have been brought (led) within three (3) years from the date of expiry of ninety (90) days given to the Respondent by the Director to pay the assessed sum/ compensation. 6. The suit herein was led on 23rd February, 2026, over ve (5) years from the date the cause of action arose. Section 89 (formerly Section 90) of the Employment Act 2007 provides as follows:“ Notwithstanding the provisions of Section 4(1) of the Limitation of Actions Act, no civil action or proceedings based or arising out of this Act or a contract of service in general shall lie or be instituted unless it is commenced within three years next after the act, neglect or default complained or in the case of continuing injury or damage within twelve months next after the cessation thereof.” 7. The suit/application herein was clearly led outside the aforestated statutory limitation period and is, therefore, statute-barred. 8. Although orders sought by the Applicant would have been merited had the application been led within the time prescribed by statute, this Court’s hands are tied by the aforestated statute. The Court has no jurisdiction to grant orders based on a statute-barred suit. 9. Consequently, the Applicant’s Notice of Motion dated 20th February, 2026 is hereby struck o, with no order as to costs. The Court le herein is hereby closed. 10. Orders accordingly. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 31ST DAY OF JULY 2026 AGNES KITIKU NZEI JUDGE Order This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees. Appearance: Mr. Masua for the Applicant No appearance for the Respondent https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2366/eng@2026-07-31 2
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