1. Vide a Notice of Motion dated 15th April, 2026 filed under the provisions of Article 165 of the Constitution of Kenya, 2010, Section 25 and 26 of the Work Injury Benefits Act, Section 12 and 13 of the Employment and Labour Relations Court Act and Order 51 of the Civil procedure Rules and all enabling provisions of the law, the Applicant seeks the following orders against the Respondent: -
a) The WIBA award issued on 21st July, 2025 by the County Occupational Safety and Health Officer be adopted as a judgment of this court.
b) A decree do issue and leave be granted to the Applicant to execute the award against the Respondent.
c) Costs of this application be borne by the Respondent.
d) Any other orders the court may deem just.
2. The grounds in support of the application are THAT: -
a) The Applicant suffered a work-related injury on l7/5/2025 while under the employment of the Respondent.
b) The matter was duly reported and investigated by the County Occupational Safety and Health Office.
c) A WIBA compensation award as issued on 21st July 2025 assessing compensation of Ksh789,230.11/-
d) The Respondent was duly served with the Award on 24th July, 2025 and has failed refused and or neglected to pay the awarded compensation.
e) Under WIBA, the award constitutes a statutory obligation, enforceable as a civil debt.
f) The Applicant continues to suffer loss and hardships due to non-payment.
g) It is in the interest of justice that this Honourable court enforces the Award.
3. The application is further supported by the affidavit of JOSPHAT MILEHA EFEZA, the Applicant, in which he depones that on 5th July, 2025 he suffered injuries in the course of his employment, that the injury was reported to the County OSH Office who investigated the incident and awarded Kshs. 789,230.77 under WIBA Act on 21st July, 2025, that the Respondent was duly served with the award on 24th July, 2025 by the Director of Occupational Safety and Health and the Respondent duly acknowledged the service.
4. The Applicant depones that the Respondent has failed, refused and ignored the County Occupational Safety and Health Officer’s award despite being fully aware of the said award and despite several demands.
5. The Applicant further deposes that on 4th December, 2025 the Respondent wrote to the County Occupational Safety and Health Officer affirming commitment to pay but did not make any payment.
6. The Applicant urged the Court to adopt the Director’s award and enter judgment for the Applicant against the Respondent in the sum awarded.
7. The Respondent was served with the application via email at its known email address as indicated in correspondence from its office but did not respond to the application nor appear in court after service with the hearing date notice.
8. The application was heard on 19th May, 2026 when Mr. Mukabane, counsel for the Applicant urged the court to adopt the award as an order of the court for purposes of execution as the Respondent had admitted the claim but failed to pay or respond to the application.
Determination
9. I have carefully considered the Notice of Motion dated 15th April, 2025, the grounds and affidavit in support thereof as well as the documents annexed to the affidavit. The Court notes that the Respondent acknowledged receipt of the demand letter from the Director and offered to pay after consulting its insurance company. However, it failed to pay as promised.
10. I have considered the assessment of the compensation by the Director and confirm that the Applicant suffered a joint disarticulation of the index finger of his left hand which, according to the First Schedule in the Act on Degree of Disablement, attracts 25% compensation. I am satisfied that the assessment of the compensation was in accordance with the Act.
11. As noted in the Director’s demand letter dated 21st July, 2025, the Respondent paid all hospital expenses and paid the Applicant during the period he was under temporary incapacity. The assessed compensation is thus in respect of injury being Kshs. 720,000 based on the Appellant’s monthly salary of Kshs. 30,000, Kshs. 18,800 for care giver and Kshs. 19,800 for other expenses, as approved by the Director.
12. The Respondent having not contested the assessment, the court hereby adopts the same as an award of this court.
13. I accordingly enter judgment for the Applicant against the Respondent in the sum of Kshs.789,230.77.
14. The Respondent shall pay the Applicant’s costs of this application.
15. Interest shall accrue from the date of filing of the application.
DATED, SIGNED AND DELIVERED VIRTUALLY ON
THIS 23RD DAY OF JULY, 2026
a) The WIBA award issued on 21st July, 2025 by the County Occupational Safety and Health Officer be adopted as a judgment of this court.
b) A decree do issue and leave be granted to the Applicant to execute the award against the Respondent.
c) Costs of this application be borne by the Respondent.
d) Any other orders the court may deem just.
2. The grounds in support of the application are THAT: -
a) The Applicant suffered a work-related injury on l7/5/2025 while under the employment of the Respondent.
b) The matter was duly reported and investigated by the County Occupational Safety and Health Office.
c) A WIBA compensation award as issued on 21st July 2025 assessing compensation of Ksh789,230.11/-
d) The Respondent was duly served with the Award on 24th July, 2025 and has failed refused and or neglected to pay the awarded compensation.
e) Under WIBA, the award constitutes a statutory obligation, enforceable as a civil debt.
f) The Applicant continues to suffer loss and hardships due to non-payment.
g) It is in the interest of justice that this Honourable court enforces the Award.
3. The application is further supported by the affidavit of JOSPHAT MILEHA EFEZA, the Applicant, in which he depones that on 5th July, 2025 he suffered injuries in the course of his employment, that the injury was reported to the County OSH Office who investigated the incident and awarded Kshs. 789,230.77 under WIBA Act on 21st July, 2025, that the Respondent was duly served with the award on 24th July, 2025 by the Director of Occupational Safety and Health and the Respondent duly acknowledged the service.
4. The Applicant depones that the Respondent has failed, refused and ignored the County Occupational Safety and Health Officer’s award despite being fully aware of the said award and despite several demands.
5. The Applicant further deposes that on 4th December, 2025 the Respondent wrote to the County Occupational Safety and Health Officer affirming commitment to pay but did not make any payment.
6. The Applicant urged the Court to adopt the Director’s award and enter judgment for the Applicant against the Respondent in the sum awarded.
7. The Respondent was served with the application via email at its known email address as indicated in correspondence from its office but did not respond to the application nor appear in court after service with the hearing date notice.
8. The application was heard on 19th May, 2026 when Mr. Mukabane, counsel for the Applicant urged the court to adopt the award as an order of the court for purposes of execution as the Respondent had admitted the claim but failed to pay or respond to the application.
Determination
9. I have carefully considered the Notice of Motion dated 15th April, 2025, the grounds and affidavit in support thereof as well as the documents annexed to the affidavit. The Court notes that the Respondent acknowledged receipt of the demand letter from the Director and offered to pay after consulting its insurance company. However, it failed to pay as promised.
10. I have considered the assessment of the compensation by the Director and confirm that the Applicant suffered a joint disarticulation of the index finger of his left hand which, according to the First Schedule in the Act on Degree of Disablement, attracts 25% compensation. I am satisfied that the assessment of the compensation was in accordance with the Act.
11. As noted in the Director’s demand letter dated 21st July, 2025, the Respondent paid all hospital expenses and paid the Applicant during the period he was under temporary incapacity. The assessed compensation is thus in respect of injury being Kshs. 720,000 based on the Appellant’s monthly salary of Kshs. 30,000, Kshs. 18,800 for care giver and Kshs. 19,800 for other expenses, as approved by the Director.
12. The Respondent having not contested the assessment, the court hereby adopts the same as an award of this court.
13. I accordingly enter judgment for the Applicant against the Respondent in the sum of Kshs.789,230.77.
14. The Respondent shall pay the Applicant’s costs of this application.
15. Interest shall accrue from the date of filing of the application.
DATED, SIGNED AND DELIVERED VIRTUALLY ON
THIS 23RD DAY OF JULY, 2026