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ELRCPartially AllowedMiscellaneous Application No. E086 of 2026

Simon Nanzayi Acheyia v Alloy Steel Castings Limited & another

Employment and Labour Relations Court
8 October 2026
1,739 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan worker won Ksh. 1.86 million for a workplace injury, but the court refused to make the employer's insurer pay directly.

What this practically means

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Executive summary

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The Applicant, an employee of the 1st Respondent, was injured on duty on 22nd February 2024. The Director of Occupational Safety and Health Services awarded him Ksh. 1,855,169.40 by an award dated 2nd April 2025. The award was unpaid, and neither Respondent objected to or appealed against it within the statutory windows. By a notice of motion dated 18th February 2026, the Applicant sought adoption of the award as a judgment of the court, a decree for the awarded sum, a declaration that both Respondents were jointly and severally liable, interest, and costs. Only the 2nd Respondent (G.A Insurance Limited), alleged to be the employer's insurer, entered appearance and filed grounds of objection, contending it was not a proper party, that no insurance policy was exhibited, and that it was neither party to the proceedings before the Director nor the subject of the award. The court, per B. O. M. Manani J, held that on adoption the court adopts the award as it is and cannot introduce new parties, including alleged insurers, who were not party to the Director's proceedings. The principal obligation to settle WIBA awards rests with the employer under section 10(2); an insurer is bound only if it was a principal party before the Director or judgment has been entered against it in a separate declaratory suit. The court also held that grounds of opposition are a proper response under Rule 48 of the ELRC (Procedure) Rules, 2024, and do not amount to admission; the Applicant bore, and failed to discharge, the burden of proving a valid insurance cover. The award was adopted as a judgment against the 1st Respondent for Ksh. 1,855,169.40 with interest from 2nd April 2025 and costs to the Applicant; the claim against the 2nd Respondent was dismissed.

Questions the Court framed

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

  1. 1.Whether the Director's award dated 2nd April 2025 is ripe for adoption as a judgment of the court
  2. 2.Whether the 2nd Respondent (alleged insurer) is a proper party against whom the award can be adopted and enforced
  3. 3.Whether the Applicant discharged the burden of proving the existence of a valid insurance cover issued by the 2nd Respondent to the 1st Respondent
  4. 4.Whether a Respondent's grounds of opposition, as opposed to a replying affidavit, amount to an admission of the Applicant's sworn assertions

Key legal issues

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01

Adoption of the Director's award against the 1st Respondent

Holding

The award was issued against the 1st Respondent, which neither objected nor appealed under sections 51 and 52 of WIBA and has not paid; the award is ripe for adoption and the court has jurisdiction to adopt it

Reasoning

The court scrutinized the award and found it directed against the 1st Respondent. No evidence of objection, appeal or payment was tendered. Citing Charles v Cheto, the court held the award ripe for adoption and entered judgment for the awarded sum with interest.

p. 7
02

Liability of the alleged insurer (2nd Respondent)

Holding

The award cannot be adopted against the 2nd Respondent because it was not a party to the proceedings before the Director, the award is not directed at it, and no declaratory judgment exists against it

Reasoning

Section 10(2) of WIBA places the principal obligation on the employer; section 26(4) captures only employers or insurers against whom a claim is lodged by the Director. An insurer's liability requires a separate declaratory suit or participation in the Director's proceedings. The Applicant may pursue the insurer through separate declaratory proceedings.

p. 3
03

Effect of grounds of opposition on the burden of proof

Holding

Grounds of opposition are a proper response under Rule 48 and do not amount to an admission; the Applicant bore the burden of proving the insurance cover and failed

Reasoning

Rule 48 of the ELRC (Procedure) Rules, 2024 permits opposition by replying affidavit, grounds of objection or preliminary objection, each deemed a proper response. Sections 107, 108 and 109 of the Evidence Act place the burden on the party asserting the contested fact. The Applicant's unproven assertion of a valid cover could not stand.

p. 6

Legal principles established

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  • The court's role on adoption is to adopt the award as it is and it cannot introduce new parties who were not party to the proceedings before the Director
  • The principal obligation to settle awards under the Work Injury Benefits Act rests with the employer
  • An insurer can only be obligated to settle an award if judgment has been entered against it in a separate declaratory suit or it was a principal party before the Director
  • A respondent may oppose an application by replying affidavit, grounds of opposition or preliminary objection, and any of these is a proper response
  • The party who wishes the court to return a finding in his favour on a contested issue bears the burden of proof

Court orders

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  1. 1.The Director's award dated 2nd April 2025 is adopted as a judgment of the court
  2. 2.Judgment entered in favour of the Applicant against the 1st Respondent for Ksh. 1,855,169.40 as per the award
  3. 3.Interest on the award at court rates from 2nd April 2025
  4. 4.Costs of the application granted to the Applicant
  5. 5.The claim against the 2nd Respondent is dismissed

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Adoption of a Director of Occupational Safety and Health Services award under the Work Injury Benefits Act; ELRC jurisdiction to adopt such awards as judgments of the court

Relief refused

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Adoption of the award against, and joint and several liability of, the 2nd Respondent (G.A Insurance Limited)

The award was directed only at the 1st Respondent; the insurer was not party to the proceedings before the Director and no evidence proved a valid insurance cover; such liability requires a separate declaratory suit

p. 7

Costs

Costs of the application are granted to the Applicant.

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.

Accordingly, the court adopts the Director's award dated 2nd April 2025 as a judgment of the court with the consequence that judgment is hereby entered in favour of the Applicant against the 1st Respondent for Ksh. 1,855,169.40 as per the award.
p. 7Final orders - adoption of award and judgment against 1st Respondent
For the avoidance of doubt, the claim against the 2nd Respondent is dismissed.
p. 8Final orders - dismissal of claim against insurer
It (the court) is not entitled to introduce new parties, including alleged insurers of the employer, into the award if they were not party to the proceedings before the Director
p. 3No joinder of new parties at adoption stage
If the Applicant wishes to pursue the 2nd Respondent to settle the award, it should do so through separate declaratory proceedings and not through the instant adoption process
p. 4Proper route against insurer - declaratory suit
The rules of evidence remain unchanged, whether one is dealing with oral or affidavit evidence.
p. 6Burden of proof in affidavit applications

Issues in the judgment

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minor

Award date discrepancy noted in the application itself

minor

Case number year (2026) predates some cited authorities' years but postdates the application date; application dated 18th February 2026 cites a 2026 KEELRC decision

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, "Simon Nanzayi Acheyia v Alloy Steel Castings Limited & another", Case Analysis (2026). Miscellaneous Application No. E086 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2775/eng@2026-10-08

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