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ELRCAllowedNot stated in judgment· [2023] KEELRC 2509 (KLR)

Munyasia v National Council of Churches of Kenya (NCCK) (Miscellaneous Application E082 of 2023) [2023] KEELRC 2509 (KLR)

Employment and Labour Relations Court
11 October 2023
ANAbuodha Jorum Nelson
1,023 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 employer who ignores a workplace injury award loses the right to challenge it — the court enforced the full payout plus interest and costs.

What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent as a cashier, sought adoption as a decree of the court of an award of Kshs 1,702,853.70 assessed by the Trans-Nzoia County Occupational Health and Safety office on 10th August 2016, following a workplace accident on 8th March 2016 in which he suffered total blindness in the left eye. The Respondent opposed the application, contending that it maintained an approved insurance policy with ICEA Lion General Insurance, that a second medical examination was requested to confirm the extent of disability but the Claimant never attended, and that the law lacks enforcement mechanisms for the Director's award. The court found the employment and injury undisputed. It noted that the Respondent itself reported the injury under sections 21 and 22 of WIBA, knew of the Director's proceedings, yet failed to lodge an objection within 60 days under section 52 or appeal within 30 days. The request for a second medical examination dated 16th November 2016 post-dated the award, and the Respondent had not set aside or stayed the award. Relying on Joash Shisia Cheto v Thepot Patrick Charles [2022] eKLR, the court held that in the face of the statutory lacuna the ELRC may be moved, including by miscellaneous application, to enforce a Director's award, and that the court cannot review the merits except on appeal under section 52. The application dated 16th March 2023 was found merited: the award was adopted as a decree with interest at court rates until payment in full, and costs were awarded to the Applicant.

Key legal issues

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01

Mechanism for enforcing a Director's WIBA award

Holding

The holder of a Director's award may move the ELRC in a miscellaneous application to adopt and enforce the award as a decree of the court.

Reasoning

WIBA is silent on enforcement of the Director's award against a reluctant employer. Case law establishes that the ELRC can be moved pursuant to Article 162 of the Constitution as read with section 12 of the ELRC Act, in summary or ordinary form confined to enforcement. The court cannot revisit the merits unless by appeal under section 52 WIBA.

p. 2
02

Effect of the Respondent's failure to object to or appeal the Director's award

Holding

Having failed to lodge an objection within 60 days under section 52 of WIBA or appeal within 30 days, and not having obtained setting aside or stay of the award, the Respondent could not resist adoption of the award on procedural grounds.

Reasoning

The Respondent reported the injury under sections 21 and 22 of WIBA and thus knew of the Director's proceedings but raised no objection within 60 days nor appealed. Its request for a second medical examination came after the award, and the court was not sitting on appeal or judicial review to quash the award.

p. 3

Legal principles established

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  • The ELRC may be moved to enforce a Director's WIBA award pursuant to its jurisdiction under Article 162 of the Constitution read with section 12 of the ELRC Act, and unless by way of appeal under section 52 of WIBA, the court cannot reopen the merits of the Director's award.

Court orders

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  1. 1.The Director's award of 10th August, 2016 of Kshs 1,702,853.70 is adopted as the decree of the court
  2. 2.Interest at court rates until payment in full
  3. 3.Costs awarded to the Applicant
Jurisdiction invoked
Article 162 of the Constitution as read with section 12 of the ELRC Act, in enforcement of a Director's award under the Work Injury Benefits Act

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, "Munyasia v National Council of Churches of Kenya (NCCK) (Miscellaneous Application E082 of 2023) [2023] KEELRC 2509 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2509/eng@2023-10-11

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