Lekwale (Suing as Administrator and Legal Representative of the Estate of the Late Hassan Abdallah Lengiremishoi) v Namunyak Wildlife Conservation Trust (Sued Thro’ Board of Trustees & another; Directorate of Occupational Safety and Health Services (Interested Party) (Petition E014 of 2024) [2025] KEELRC 2186 (KLR)
The bottom line
#Kenya's Employment Court ruled employers who fail to report workplace deaths under WIBA violate constitutional rights, awarding a widow Kshs.700,000.
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 petition meets the competence threshold of Constitutional pleading
- 2.Whether the respondents have violated petitioner's Constitutional rights
- 3.Whether the petitioner is entitled to the reliefs sought
Key legal issues
#Competence of the constitutional petition
The petition met the Anarita Karimi Njeru threshold despite being wordy
The petition identified the violated Articles (28, 35, 41 and 47), pleaded the manner of violation - namely breach of the mandatory section 22 of WIBA - and connected that breach to the denied rights. The court was satisfied the complaint, the provisions breached and the manner of breach were pleaded with clarity.
Violation of constitutional rights by failure to report the accident
Failure to file and submit Form DOSH 1 under section 22 of WIBA and to provide a copy on demand violated Articles 28, 35, 41 and 47
Section 22 of WIBA is mandatory and imposes a duty on the employer to report accidents within seven days. Non-compliance after a death in the course of duty was inhuman and undignified; withholding a copy of the notice infringed Article 35; the statutory duty regulates the contract of service so breach infringed Article 41; and refusal without reasons infringed Article 47. The petitioner proved this on a balance of probability.
Whether the dependant can report directly, absolving the employer
The employee's/dependant's right to report the accident directly does not absolve the employer of its own statutory duty
Although the law permits a dependant to report the occupational accident to the Director at any stage, this alternative route does not relieve the employer of its mandatory obligation under section 22(1), breach of which is an offence. This also informed the court's moderation of the damages awarded.
Entitlement to compensation and quantum
Declaration, an order compelling filing of Form DOSH 1, and damages of Kshs.700,000; service pay declined
The court found the petitioner entitled to declarations, a mandatory order compelling the respondents to forward Form DOSH 1 to the Director for computation of compensation, and damages. It awarded Kshs.700,000 (less than the Kshs.5,000,000 sought in submissions) because the petitioner had the option of reporting directly. The service pay claim failed because the deceased contributed to NSSF.
Legal principles established
#- A constitutional pleading must set out with reasonable precision the complaint, the constitutional provisions infringed and the manner of infringement
- An employer's failure to report an occupational accident under section 22 of WIBA, a mandatory provision, violates the dependant's rights to dignity, information, fair labour practices and fair administrative action
Court orders
#- 1.A declaration that the respondents have violated the petitioner's rights to dignity, right of access to information, right to fair labour practices and right to fair administrative action contrary to Article 28, 35, 41 and 47 of the Constitution
- 2.Payment of Kshs.700,000 as damages for the aforesaid violations
- 3.Costs of the suit plus interest at court rates from the date of the judgment
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22, 23 and 41/47 of the Constitution of Kenya, 2010 (bill of rights enforcement petition; reliefs pleaded under Articles 22(1)&(3) and 23(1)&(3))
Relief refused
#Service pay of Kshs.172,866 for 10 years of service
The deceased was a contributing member of NSSF, disqualifying a claim for service pay under section 35(6) of the Employment Act
Costs
Costs of the suit plus interest at court rates from the date of this judgment, awarded to the petitioner
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.
In view of the above matters, I enter judgment for the petitioner as follows: a. A declaration that the respondents have violated the petitioner's rights to dignity, right of access to information, right to fair labour practices and right to fair administrative action contrary to Article 28, 35, 41 and 47 of the Constitution. b. Payment of Kshs.700,000 as damages for the aforesaid violations. c. Costs of the suit plus interest at court rates from the date of this judgment.
The failure to comply with the said mandatory provisions after an employee falls dead while on duty is not only inhuman and undignified treatment to the deceased's dependants, but also denial of the other rights complained of.
that does not absolve the employer from the legal obligation of notifying the Director about the accident.
Under section 35 (6) of the Employment Act, a member of the NSSF is disqualified from claiming service pay from the employer.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lekwale (Suing as Administrator and Legal Representative of the Estate of the Late Hassan Abdallah Lengiremishoi) v Namunyak Wildlife Conservation Trust (Sued Thro’ Board of Trustees & another; Directorate of Occupational Safety and Health Services (Interested Party) (Petition E014 of 2024) [2025] KEELRC 2186 (KLR)", Case Analysis (2025). Petition dated 4th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2186/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.