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ELRCDismissedNot stated in the judgment

Dennis v Cale Infrastructure Construction Co Ltd & another (Miscellaneous Application E305 of 2024) [2025] KEELRC 343 (KLR)

Employment and Labour Relations Court
13 February 2025
791 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan worker's injury claim for over Kshs 457,000 collapsed because the court found his medical documents were likely forged.

What this practically means

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Executive summary

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The applicant, Gisemba Oando Dennis, was injured on 6 June 2021 in the course of his work with Cale Infrastructure Construction Co Ltd. Following a report to the Director, Occupational Safety and Health, compensation was assessed at Kshs 457,289/28 on 11 July 2024 in Claim Reference WIBA/NRB/00427/2022. Payment not having been made, the applicant moved the Court on 30 October 2024 seeking adoption of the assessment as judgment, entry of judgment for the assessed sum, interest from the date of assessment, and costs. The Respondent admitted the injury and that an assessment was done, but asserted payment had been made through the applicant's bank account and alleged the records filed by the applicant were forgeries. It contended the applicant was admitted at Mater Hospital from 6 to 9 June 2021 and could not have attended Muchatha Healthcare Clinic, Kangema on 8 June 2021, and that a search showed the clinic did not exist in Ministry of Health and Kenya Medical and Practitioners Council portals. The Court affirmed its jurisdiction to adopt DOSH assessments but found the applicant's documents unauthentic: the Mater Hospital Discharge Note recorded no dental injury and showed discharge on 9 June 2021, contradicting the applicant's claim of losing three teeth and attending another clinic while admitted. The Court held the records were doubtful and possibly fabricated, expressed concern at the prospect of ambulance chasing entering the Work Injury Benefits Act arena, and dismissed the Motion dated 30 October 2024 with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court should adopt the Director of Occupational Safety and Health's compensation assessment of Kshs 457,289/28 as judgment
  2. 2.Whether the documents relied on by the applicant in support of the claim are authentic

Key legal issues

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01

Whether the Director's compensation assessment should be adopted as judgment

Holding

The Motion was dismissed because the documents supporting the claim were found to be unauthentic and possibly forged

Reasoning

Although the Court affirmed its jurisdiction to adopt a DOSH assessment, the Respondent alleged forgery of the records relied on by the applicant. The Mater Hospital Discharge Note showed admission from 6 June to 9 June 2021 without any dental injury recorded, while the applicant claimed he attended Muchatha Healthcare Clinic on 8 June 2021. The Court found it inconceivable the hospital would miss dental injuries and improbable the applicant attended a clinic while admitted, concluding the records were doctored.

p. 2
02

Authenticity of the supporting medical documents

Holding

The documents were doubtful and possibly fabricated

Reasoning

The To Whom It May Concern note from Muchatha Healthcare Clinic did not disclose when the applicant was attended to, and a search by the Respondent showed the clinic did not exist in the Ministry of Health and Kenya Medical and Practitioners Council portals. The Discharge Note from Mater Hospital contradicted the applicant's account of dental injuries and dates of attendance, undermining the credibility of the claim.

p. 2

Legal principles established

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  • The Employment and Labour Relations Court has jurisdiction to adopt a compensation assessment by the Director, Occupational Safety and Health
  • A party seeking adoption of an assessment must establish the authenticity of the supporting documents

Court orders

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  1. 1.The Motion dated 30 October 2024 is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the Employment and Labour Relations Court to adopt a compensation assessment by the Director, Occupational Safety and Health under the Work Injury Benefits Act

Relief refused

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Adoption of the DOSH assessment in Claim Reference No. WIBA/NRB/00427/2022 as judgment

The authenticity of the documents relied on by the applicant could not be ascertained; they were found doubtful and possibly forged

p. 2

Judgment for Kshs 457,289/28 against the Respondent

Dismissed with the Motion

Interest on the assessed amount from the date of assessment until payment in full

Dismissed with the Motion

Costs

The Motion dated 30 October 2024 is dismissed with costs to the 1st Respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is not in doubt that this Court has the jurisdiction to adopt a compensation assessment by the Director, Occupational Safety and Health.
p. 2Jurisdiction to adopt DOSH assessments
The authenticity of the documents relied on by the applicant cannot be ascertained. They are doubtful and possibly cooked for a purpose.
p. 2Documentary authenticity
The Court is wont to believe the Respondent's contention that the applicant has relied on doctored records to claim compensation a second time.
p. 2Double compensation via forged records
It is the sincere hope of the Court that the practice of ambulance chasing where accident and medical records were manufactured to seek compensation on behalf of people who had not been involved in accidents is not entering the Work Injury Benefits Act arena.
p. 3Caution against manufactured claims under WIBA
The Motion dated 30 October 2024 is dismissed with costs.
p. 3Final orders

Issues in the judgment

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minor

The judgment does not state the case number, ELRC cause number or neutral citation anywhere on its face

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, "Dennis v Cale Infrastructure Construction Co Ltd & another (Miscellaneous Application E305 of 2024) [2025] KEELRC 343 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/343/eng@2025-02-13

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