Cheruyiot v Solar Panda Kenya Limited (Appeal E042 of 2024) [2025] KEELRC 605 (KLR)
The bottom line
#A Kenyan worker's appeal to enforce a work injury award failed because his appeal documents were defective and a pending objection had to be resolved first by the Director.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Record of Appeal is defective
- 2.Whether the Trial Court erred in finding that there was an objection pending before the Directorate, and that it could therefore not adopt the Director's award as its own Judgment
Key legal issues
#Defective Record of Appeal
The Record of Appeal was defective: the Index bore the wrong appeal number and different parties, and the table of contents lacked correct party details, the correct Ruling/Order appealed against, the correct Court and Magistrate, and the correct trial case number, contrary to Rule 15(3)(a) of the E&LRC (Procedure) Rules, 2024.
Rule 15(3)(a) of the E&LRC (Procedure) Rules, 2024 requires a table of contents in the Record of Appeal. The appellant's table of contents lacked the correct parties, decision appealed against, trial court, magistrate and case number. Relying on the Supreme Court in Bwana Mohamed Bwana, a court cannot exercise adjudicatory powers over an incompetent and defective appeal.
Adoption of the Director's WIBA award and the doctrine of exhaustion
The Trial Court did not err in declining to adopt the Director's award where an objection (albeit late) remained pending before the Director; the validity and timeliness of the objection are for the Director, and parties must exhaust the statutory mechanism.
Both parties acknowledged an objection was pending before the Director. Whether it was filed outside the 60-day WIBA period and whether it is valid are for the Director. The court followed United Millers Limited on deference to statutory dispute resolution bodies and the Anyona decision remitting a similar matter to the Director. The Trial Court properly upheld the doctrine of exhaustion.
Legal principles established
#- A Court cannot exercise its adjudicatory powers where an Appeal is incompetent and defective.
- Where an alternative statutory dispute resolution mechanism exists, courts must exercise restraint and defer to the statutorily mandated bodies in the first instance (doctrine of exhaustion).
- Whether an objection under WIBA was filed within the 60-day period, and whether it is valid, are matters for the Director to determine.
Court orders
#- 1.The Record of Appeal is defective.
- 2.The Appeal is declined.
- 3.Parties are referred back to the Directorate of Occupational Safety and Health, who shall determine whether there is a valid objection before him, and whether he should reassess the award granted to the Appellant.
- 4.The Appellant may renew his Application before the Trial Court, once the Director has ruled on the objection.
- 5.No order on the costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court
- Miscellaneous Application (number not stated on the Record of Appeal; Index erroneously shows E035 of 2023)
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court Act and the E&LRC (Procedure) Rules, 2024 (specific provision not stated in the judgment)
Relief refused
#The Appeal against the Trial Court's Ruling
The Record of Appeal was defective and the Trial Court did not err in declining to adopt the Director's award while an objection was pending before the Directorate
Costs
No order on the costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Record of Appeal is defective.
The Appeal is declined.
Parties are referred back to the Directorate of Occupational Safety and Health, who shall determine whether there is a valid objection before him, and whether he should reassess the award granted to the Appellant.
Whether it was filed outside the 60-day period under WIBA, and whether there is a valid objection, are matters for the Director to determine.
The Appellant may renew his Application before the Trial Court, once the Director has ruled on the objection.
Issues in the judgment
#The Record of Appeal's Index shows a different appeal number and different parties from the Memorandum of Appeal
The judgment states the appellant pursued work injury benefit at the 'Directorate of Occupational Health and Safety Services' but the final orders refer to the 'Directorate of Occupational Safety and Health'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheruyiot v Solar Panda Kenya Limited (Appeal E042 of 2024) [2025] KEELRC 605 (KLR)", Case Analysis (2025). E042 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/605/eng@2025-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.