Dock Workers Union (K) v Director of Occupational Safety and Health Services & 5 others; Federation of Kenya Employers & another (Interested Parties) (Petition E004 of 2024) [2025] KEELRC 51 (KLR)
The bottom line
#Kenya's employment court dismissed the Dock Workers Union's attempt to overturn a Ksh.16.4 million compensation order for an employee's death on duty.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition was properly filed by an authorised representative
The petition was filed by Leonard Ochieng without written authority under Section 2 of the LRA; the later Letter of Authority could not cure the defect, invalidating the petition
Section 2 of the LRA vests authority to act for a trade union in the general secretary, who may appoint another person in writing. Leonard Ochieng was neither an officer nor an employee of the petitioner nor an advocate under Section 20 of the ELRC Act. The Letter of Authority was only filed later in a supplementary affidavit, and delegated authority cannot be assumed or applied retrospectively.
Whether the DOSH/WIBA 4 order was lawfully issued under Section 53 of WIBA
Yes. The Director defined in Section 2 of WIBA as the Director of Occupational Safety and Health Services is the same officer; WIBA must be read as a whole
The court held that Sections 2 and 53 of WIBA cannot be separated, since 'Director' under WIBA means the Director of Occupational Safety and Health Services. Reading each section exclusively would negate the statute's purpose of providing compensation for work-related injuries. The petitioner had rights of objection and appeal under Sections 51 and 52 of WIBA but did not use them.
Whether the death of the deceased constituted an occupational accident/work injury
Yes. The deceased died in the course of his employment while responding to gunshots directed at a colleague collecting union funds
The court found a causal connection between the deceased's duties and the fatal shooting: he was on duty knowing Kenga had gone to collect cash to pay shop stewards. Applying Fenton v Thorley, an accident is any unintended and unexpected occurrence producing hurt or loss; the criminal act did not remove the injury from the course of employment.
Whether certiorari and prohibition should issue
No. The assessment was lawful and unappealed, and the enforcement proceedings could not be negated by a petition filed after the fact
The petitioner never objected under Section 51 or appealed under Section 52 of WIBA. The enforcement cause in Mombasa Misc. Application No. E016 of 2014 [2024] had concluded, and the petitioner failed to attend despite being invited. Judicial review remedies were not appropriate where statutory appeal mechanisms were ignored.
Legal principles established
#- Delegated authority to represent a trade union must be in writing and cannot be conferred after the fact to sanitise proceedings
- An accident causing injury to or death of an employee in the course of duties falls within WIBA, and the employer must compensate; third-party criminal conduct does not extinguish employer liability
Court orders
#- 1.The petition is dismissed
- 2.Costs awarded to the respondents and the 2nd interested party
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution and the Employment and Labour Relations Court Act; supervisory jurisdiction under Article 165(6)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dock Workers Union (K) v Director of Occupational Safety and Health Services & 5 others; Federation of Kenya Employers & another (Interested Parties) (Petition E004 of 2024) [2025] KEELRC 51 (KLR)", Case Analysis (2025). Petition dated 6 May 2024 (Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/51/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.