Mwambia v Kenya Power & Lighting Company Limited (Miscellaneous Application E009 of 2024) [2025] KEELRC 2268 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court can convert unpaid workplace injury awards into enforceable court judgments — employers can't simply ignore DOSHS assessments.
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 court has jurisdiction to recognize, adopt and enforce an award of damages made by DOSHS under WIBA.
- 2.Whether the assessment of damages in FORM DOSH/WIBA 4 dated 9th August 2023 is invalid for being signed and stamped by Senior OSH Officer as opposed to the DOSHS.
- 3.Whether the application should be allowed.
Key legal issues
#Jurisdiction to adopt and enforce DOSHS awards
The ELRC has jurisdiction to recognize, adopt and enforce awards of the DOSHS made under WIBA as its own judgments.
The court relied on the recent Court of Appeal decision in Thepot Patrick Charles v Joash Shisia Chato, which endorsed ELRC authority that enforcement of the Director's decisions lies with the ELRC. The court noted the decision effectively upheld its earlier ruling of 12 March 2025 dismissing the respondent's preliminary objection on jurisdiction.
Validity of Form DOSH/WIBA 4 signed by a Senior OSH Officer
An assessment and award done by a Senior OSH Officer is valid; section 53 of WIBA permits the Director to be assisted by other officers.
The court held that section 53(3) of WIBA allows the Director of Work Injury Benefits to be assisted by other officers necessary for proper administration of the Act, so the respondent could not fault an assessment signed by a Senior OSH Officer and stamped by the County OSH Officer Meru/Isiolo/Marsabit. The form was dated, detailed the assessment and the awarded sum, and the respondent neither challenged nor paid it.
Re-litigation of dismissed preliminary objection grounds
The respondent could not revisit grounds already determined in the ruling of 12 March 2025 dismissing the preliminary objection.
The court held that the respondent's pursuit of the same jurisdictional and documentary objections in its replying affidavit offended the doctrines of functus officio and res judicata. The court declined the invitation to revisit those grounds and proceeded to consider the merits of the motion.
Legal principles established
#- Enforcement of the DOSH Director's decisions properly lies with the Employment and Labour Relations Court.
Court orders
#- 1.The award of the Director of Occupational Health and Safety Services in WIBA claim No. WIBA/MRU/101/2023 for Kshs.16,456,400.64 adopted as a judgment of the court (allowed in terms of prayer 2).
- 2.A decree issued in accordance with the assessment of the Director of Occupational Health for Kshs.16,456,400.64 (allowed in terms of prayer 3).
- 3.Interest on the award at court rates from the date of filing the suit.
- 4.Costs of the application awarded to the applicant.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Work Injury Benefits Act, including section 53, as read with the court's jurisdiction to adopt and enforce DOSHS awards per Thepot Patrick Charles v Joash Shisia Chato (2025) KECA 784 (KLR)
Relief refused
#Declaration that the Respondent committed an offence contrary to section 26(6) of WIBA and committal of the Respondent to one year in jail or a fine of Kshs.500,000 or both
The court allowed the motion only in terms of prayers 2 and 3, plus interest and costs; the penal prayers were not granted.
Costs
The applicant is awarded costs of the application.
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.
I find that the application has merits and it is allowed in terms of prayer 2 and 3. The prayer for interest on the award is granted at court rates from the date of filing the suit. The applicant is also awarded costs of the application.
the Court of Appeal has recently delivered a judgment clarifying that this court is the one clothed with the jurisdiction to adopt awards of the DOSHS and enforce them as its own judgments
The above provision confirms that the respondents cannot arrogantly fault and disregard an assessment and award done by a Senior OSH Oficer.
Issues in the judgment
#Prayer (a) for certification as urgent is not expressly ruled upon, and the penal prayers (d) and (e) are neither granted nor expressly refused in the final orders.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwambia v Kenya Power & Lighting Company Limited (Miscellaneous Application E009 of 2024) [2025] KEELRC 2268 (KLR)", Case Analysis (2025). Notice of motion dated 30th October 2024 (Work Injury Benefits Act claim Ref: WIBA/MRU/101/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2268/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.