Lucy Muthoni Kamande and Jane Wangari Muigai v The Director-Directorate of Occupational Safety and Health Services & Ace Freight Ltd
The bottom line
#A Kenyan court allowed a deceased worker's family to pursue an order forcing the government to assess their work-injury compensation, but refused contempt and other reliefs.
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 applicants have an arguable case to warrant leave to apply for an order of mandamus compelling DOSH to compute or assess the award
- 2.Whether leave should also issue for contempt proceedings and for alternative reliefs compelling completion of the Accident Notice Form
Key legal issues
#Whether leave should be granted for judicial review by way of mandamus
Leave granted on the arguable-case test, limited to mandamus, to be filed within 14 days
The court restated that leave is a discretionary filter to weed out frivolous applications, citing Central Bank of Kenya v Ratilal Automobiles and Meixnev v Attorney General. Satisfied by the verifying affidavit, statutory statement and annexures, it found an arguable case under the Aga Khan Education Services test and granted leave for mandamus only.
Legal principles established
#- Grant of leave to apply for judicial review is a discretionary exercise to be exercised judiciously
- The test at the leave stage is whether the applicant has an arguable case
Court orders
#- 1.Leave granted to the applicants to apply for the order of mandamus against the respondents within 14 days
- 2.Parties shall bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 53 Rule 1 of the Civil Procedure Rules; sections 8 and 11 of the Fair Administrative Action Act; sections 8 and 26(2) of the Work Injury Benefits Act; Law Reform Act
Relief refused
#Leave to institute contempt of court proceedings against the respondent
Court held leave had not previously been granted and addressed only the mandamus leave; alternative reliefs not considered at this stage
Alternative reliefs to compel the 2nd respondent to fill and submit DOSH Form I / Accident Notice Form
Not granted; only leave for mandamus was issued
Costs
Parties shall bear their own 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 upshot of the foregoing is that leave be and is hereby granted to the Applicant to apply for the order of mandamus against the respondents within 14 days.
Parties shall bear their own cost.
It is trite that the granting of leave to an applicant to apply for judicial review orders is a matter of discretion.
The leave of the Court is a prerequisite to making a substantive application for judicial review. The propose of the leave is to filter out frivolous applications.
Issues in the judgment
#Date discrepancy: application dated 7 April 2025 but ruling delivered 22 September 2026
Typographical errors in quoted passages, e.g. 'propose of the leave' and 'the rest to be applied'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Muthoni Kamande and Jane Wangari Muigai v The Director-Directorate of Occupational Safety and Health Services & Ace Freight Ltd", Case Analysis (2026). Cause No. E2204 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2579/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.