Samuel Khisa v Bluestone Limited
The bottom line
#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 application to adopt the DOSH award of 1st March 2024 as a judgment of the Court should be allowed
- 2.Whether the Respondent's claim that it was unaware of the assessment proceedings and denied a fair hearing under Article 50 and audi alteram partem had merit
Key legal issues
#Whether the Respondent was denied a fair hearing in the DOSH assessment process
The claim of non-awareness was without merit; the Respondent itself initiated the process by reporting the accident and completing DOSH Form 1, and was informed of the assessment through Form DOSH/WIBA 4
The court examined the documents and found the Respondent reported the accident to DOSH by filling Form 1 dated 11/1/23, a medical report was prepared, and DOSH informed the Respondent of the assessment on 1/3/24 through Form DOSH/WIBA 4. Having initiated and been notified of the process, the Respondent's assertion of ignorance of the assessment and its results failed.
Whether the DOSH award should be adopted and enforced as a judgment
The application was found merited; the award was adopted and judgment entered for Kshs. 283,475 with costs and interest
The Respondent did not lodge any objection or appeal against the award within the statutory period under Section 51(1) of WIBA, and did not pay. The court found the application merited, adopted the Director's award, and entered judgment for the assessed sum with costs and interest at court rates from the date of the ruling.
Legal principles established
#- Where an employer itself reports a work injury to DOSH and completes DOSH Form 1, it cannot later claim ignorance of the assessment proceedings
Court orders
#- 1.The award of the Director DOSH made on 1st March 2024 is adopted as a judgment of the Court
- 2.Judgment entered for the Applicant against the Respondent for Kshs. 283,475/-
- 3.Interest at court rates with effect from the date of the ruling
- 4.Costs of the application to the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 23 and 51 of the Work Injury Benefits Act, 2007; enforcement of a DOSH Director's award under WIBA
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 averment by the respondents that they were not aware of the assessment and the results thereof is found without merit.
I find the application merited and I allow it accordingly and adopt the award of the Director Dosh and enter judgment for the applicant to the tune of ksh 283,475/- plus costs and interest at court rates with effect from the date of this ruling.
Issues in the judgment
#Application dated 13th March 2026 but ruling states it was filed in April 2026
Party names garbled in the header ('SAMUEL KHISA … WANYAMA……..')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Khisa v Bluestone Limited", Case Analysis (2026). ELRC MISC. APPLICATION NO. E016 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2560/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.