Allan Pascal Sali v Nairobi Sports House Limited
The bottom line
#A Kenyan worker's bid to enforce a workplace injury compensation award failed because he filed his court case more than three years after the deadline to pay expired.
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 compensation of Kshs.56,942.31 assessed by the Director of Occupational Safety and Health Services should be adopted as a judgment of the Court
- 2.Whether the application, filed on 16th January 2026, was filed within the limitation period prescribed by Section 89 of the Employment Act
Key legal issues
#Limitation period for enforcing a DOSH-assessed WIBA compensation claim
The three-year limitation period under Section 89 of the Employment Act runs from the expiry of the ninety-day period given to the employer by the Director to pay the assessed sum
The Director assessed compensation on 19th February 2021 and demanded payment within ninety days, which lapsed on 19th May 2021. The cause of action accrued then, and three years expired on 19th May 2024. The application filed on 16th January 2026 was over one year and seven months late and therefore statute-barred.
Forum for disputing DOSH decisions on liability and assessment
Liability and assessment of compensation under WIBA are for the Director; aggrieved parties may only challenge the Director's decision under Sections 51 and 52 of WIBA
Section 23(1) of WIBA empowers the Director to make inquiries and decide claims and liability. Once the Director decides, any aggrieved person or entity must pursue the objection and appeal mechanisms in Sections 51 and 52 of WIBA rather than contesting liability afresh before the Court.
Legal principles established
#- Determination of liability and assessment of compensation for work-related injuries under WIBA falls within the province of the Director, and aggrieved parties may only challenge such decisions under Sections 51 and 52 of WIBA
- Failure by an employer to pay an assessed WIBA claim within ninety days constitutes an offence under Section 26(6) and vests a civil cause of action, which must be filed within three years under Section 89 of the Employment Act
- A court has no jurisdiction to entertain statute-barred suits
Court orders
#- 1.The Notice of Motion dated 16th January, 2026 is struck off with no order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Work Injury Benefits Act and Employment Act, Section 89 (formerly Section 90); ELRC jurisdiction over employment disputes
Relief refused
#Adoption of the DOSH-assessed compensation of Kshs.56,942.31 as a judgment of the Court and issuance of a decree with interest at 14% per annum
The suit was filed out of time and is statute-barred; the Court has no jurisdiction to entertain statute-barred suits
Costs of the application paid by the Respondent
Application struck out with no order as to costs
Costs
No order as to 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 Application/suit was clearly filed out of time and is, therefore, statute-barred.
This not being the case, this Court must down its tools, as it has no Jurisdiction to entertain statute-barred suits.
Consequently, the Notice of Motion dated 16 th January, 2026 is hereby struck off with no order as to costs.
any person and/or entity aggrieved by such decision can only challenge the same pursuant to Sections 51 and 52 of the WIBA.
Issues in the judgment
#Injury date (13th November 2021) precedes inconsistent document dates; FORM 1 dated 18th February 2021 predates the alleged injury
Ruling is marked DRAFT throughout although signed and delivered
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Allan Pascal Sali v Nairobi Sports House Limited", Case Analysis (2026). Misc. Application No. E021 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2673/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.