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ELRCPartially AllowedNot stated in the judgment

Murei v Elite Tools Ltd (Miscellaneous Application E307 of 2024) [2025] KEELRC 1568 (KLR)

Employment and Labour Relations Court
29 May 2025
RSRADIDO STEPHEN
548 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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If an employer does not object to a workplace injury compensation award within 30 days in Kenya, the court will enforce it in full.

What this practically means

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Executive summary

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The applicant, an employee of the Respondent, was injured in the course of work on 9 May 2022. A report was made to the Director of Occupational Safety and Health, who assessed compensation at Kshs 813,340/- on 11 March 2024. The applicant moved the Court by a Motion dated 22 October 2024 seeking adoption of the award as a judgment of the Court, entry of judgment for Kshs 813,340/-, interest at court rates from the date of assessment, and costs. The Respondent did not file a replying affidavit within the prescribed time; its oral application for leave to file a response was declined on 24 March 2025. In submissions, the applicant argued that the Respondent had not objected to the award, rendering it final and a debt due. The Respondent urged the Court to deduct monies already paid to the applicant from the award. The court held it was not in dispute that the applicant was injured at work and that the Director made the award; the Respondent had failed to object within the 30 days stipulated under section 52(2) of the Work Injury Benefits Act and had not notified the Director of any part settlement, and should have paid within 90 days of demand. The Motion was allowed: the award was adopted as a judgment of the Court, with interest at court rates from 22 October 2024 (not from the date of assessment), and the applicant was awarded costs of the Motion. The judgment was delivered virtually by Radido Stephen, J, in Nairobi on 29 May 2025.

Questions the Court framed

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

  1. 1.Whether the award of the Director of Occupational Safety and Health of Kshs 813,340/- made on 11 March 2024 should be adopted as a judgment of the Court
  2. 2.Whether interest should be awarded on the decretal amount
  3. 3.Whether the Respondent's request to deduct monies already paid should be allowed

Key legal issues

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01

Whether the WIBA award should be adopted as judgment of the Court

Holding

The Motion was allowed and the award of Kshs 813,340/- adopted as a judgment of the Court because the Respondent did not object to the award within the statutory period.

Reasoning

The court found it undisputed that the applicant was injured in the course of work and that the Director made an award of Kshs 813,340/- on 11 March 2024. The Respondent failed to object within the 30 days prescribed by section 52(2) of the Work Injury Benefits Act and did not notify the Director of any part settlement. The Respondent should have paid within 90 days of demand. Having failed to do so, the court saw no reason to deny the Motion.

p. 2
02

Whether interest on the award should be granted and from what date

Holding

Interest at court rates was granted but from the date of filing the Motion (22 October 2024), not from the date of assessment.

Reasoning

The applicant had sought interest from the date of assessment until payment in full. The court allowed the Motion but limited interest to run from 22 October 2024, the date the Motion was filed, rather than the date of the Director's assessment of 11 March 2024.

p. 2

Legal principles established

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  • An employer who does not object to a Director of Occupational Safety and Health award within the 30 days stipulated under section 52(2) of the Work Injury Benefits Act cannot later resist adoption of the award as a judgment of the Court.
  • An employer should make payment of an award within 90 days of demand of payment by the Director of Occupational Safety and Health.

Court orders

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  1. 1.The award dated 11 March 2024 by the Director of Occupational Safety and Health Services in the sum of Kshs 813,340/- is adopted as a judgment of the Court
  2. 2.The award to attract interest at court rates from 22 October 2024
  3. 3.The applicant to have costs of the Motion

The bench

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

RS
majority

Wrote the judgment

Jurisdiction invoked
Work Injury Benefits Act, section 52 (adoption of Director of Occupational Safety and Health award as judgment of the Court)

Relief refused

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Deduction of monies already paid to the applicant from the award

The Respondent did not object within the 30 days stipulated under section 52(2) of the Work Injury Benefits Act or notify the Director of a part settlement, so the request in submissions was not given effect to

p. 2

Costs

The applicant to have costs of the Motion.

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 dispute that the applicant was injured in the course of work and that the Director of Occupational Safety and Health made an award of Kshs 813,340/- on 11 March 2024.
p. 2Undisputed facts - workplace injury and statutory award
The Respondent did not object within the 30 days stipulated under section 52(2) of the Work Injury Benefits Act or notify the Director that it had made a part settlement.
p. 2Failure to object renders award final and enforceable
The award dated 11 March 2024 by the Director of Occupational Safety and Health Services in the sum of Kshs 813,340/- is adopted as a judgment of the Court.
p. 2Final orders - adoption of award as judgment

Issues in the judgment

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minor

The judgment inconsistently records the dates of the Director's award and assessment - the grounds state an assessment on 11 March 2022 while elsewhere the award is consistently dated 11 March 2024, and the injury date is given as 9 May 2022

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, "Murei v Elite Tools Ltd (Miscellaneous Application E307 of 2024) [2025] KEELRC 1568 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1568/eng@2025-05-29

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