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ELRCPartially AllowedMisc. No. E209 of 2026

Ronald Wafula Barasa v The Directorate of Occupational Safety and Health – Kiambu County & Defu Kenya Investment & Development Limited

Employment and Labour Relations Court of Kenya
25 September 2026
1,165 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered the workplace safety directorate to assess an injured worker's compensation within 30 days, but refused to let him sue his employer directly.

What this practically means

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Executive summary

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The Applicant, an employee of the Interested Party earning Kshs.20,000/= monthly, suffered a workplace injury on 19th July 2025. The accident was reported to the employer and to the Directorate of Occupational Safety and Health Services via DOSH FORM 1, and the Applicant underwent medical examination and submitted the requisite documents. The Respondent nonetheless failed to issue DOSH FORM 4, the assessment of the compensatory award payable under the Work Injury Benefits Act. By Chamber Summons dated 28th April 2026, the Applicant sought an order compelling issuance of FORM 4 within 7 days, or alternatively leave to file suit against the employer in the Magistrate's ELRC at Limuru, with the draft statement of claim deemed filed, plus costs. The application was unopposed; the Respondent filed no response and gave no reasons for the delay. The court framed a single issue: whether the orders sought were capable of being granted. Relying on Sections 16, 21, 22(1), 23(1), 28, 29 and 30 of WIBA, the court held that determination of liability and assessment of compensation fall within the province of the Director, with objections lying under Sections 51 and 52. It disallowed prayers (b), (c) and (d), including costs, and allowed prayers (a) and (e), directing the Respondent to complete the assessment of any compensation payable within thirty days and to comply with the law on demand for payment. The Applicant was to serve a certified copy of the Ruling on the Respondent forthwith for compliance.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the orders sought by the Applicant are capable of being granted

Key legal issues

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01

Whether the court could grant leave to file suit and deem a draft statement of claim filed while the Director had not yet determined liability and compensation

Holding

No – those prayers were disallowed; the Director must first assess compensation under WIBA

Reasoning

Sections 16, 23(1), 28, 29 and 30 of WIBA vest determination of liability and assessment of compensation in the Director. Aggrieved persons may object under Sections 51 and 52. Since the Director had received notice but made no decision, the court could not bypass that statutory scheme by granting leave to sue the employer; it instead directed the Director to complete the assessment within thirty days.

p. 6
02

Whether the Director could be compelled to issue DOSH FORM 4

Holding

Yes, in substance – the Respondent was directed to complete the assessment process within thirty days and comply with the law on demand for payment

Reasoning

The unopposed affidavit showed the Director had received appropriate notice but had neither issued FORM 4 nor given any reason for the delay. The court, finding the prayers capable of being granted in part, issued a mandatory direction to complete the assessment rather than the literal 7-day FORM 4 order sought.

p. 7

Legal principles established

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  • Determination of liability and assessment of compensation for workplace injuries under WIBA falls within the province of the Director of Occupational Safety and Health Services, not the courts
  • No common-law action for damages lies against an employer for occupational accidents; liability arises only under WIBA

Court orders

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  1. 1.The Respondent (Directorate/Director of Occupational Safety and Health Services – Kiambu County) shall within thirty days of the Ruling complete the process of assessing any compensation that may be payable to the Applicant, and shall comply with the relevant law regarding demand for payment of any assessed compensation
  2. 2.The Applicant shall serve a certified copy of the Ruling on the Respondent forthwith for compliance

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Inherent directions power of the ELRC in a miscellaneous application under the Work Injury Benefits Act regime

Relief refused

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Prayer (b): leave to file suit against the Interested Party before the Magistrate's Employment and Labour Relations Court – Limuru

Determination of liability and assessment of compensation falls within the province of the Director under WIBA, not the court

p. 6

Prayer (c): that the draft statement of claim be deemed duly filed and served

Disallowed together with prayer (b) since no suit could lie at that stage

p. 7

Prayer (d): costs of the application

Disallowed by the court

p. 7

Costs

No costs order made; prayer (d) for costs was expressly disallowed.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

determination of the issues of liability and assessment of compensation payable to employees who suffer occupational injuries or diseases falls within the province of the Director of Occupational Safety and Health Services (the Director)
p. 6Statutory scheme under WIBA
I disallow prayers (b), (c) and (d) in the application as set out in paragraph 1 of this Ruling; and hereby allow prayers (a) and (e)
p. 7Disposition
The Respondent herein, that is, the Directorate/Director of Occupational Safety and Health Services – Kiambu County, shall within thirty days of this Ruling complete the process of assessing any compensation that may be payable to the Applicant
p. 7Final orders – mandatory direction to the Director
The Applicant shall serve a certified copy of this Ruling on the Respondent forthwith for compliance.
p. 7Service for compliance

Issues in the judgment

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minor

Document bears 'DRAFT' watermark throughout despite being dated, signed and delivered

minor

Section 21 quote concerns fatal accidents, yet is applied to a non-fatal injury

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ronald Wafula Barasa v The Directorate of Occupational Safety and Health – Kiambu County & Defu Kenya Investment & Development Limited", Case Analysis (2026). Misc. No. E209 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2687/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.