Mwendabole v Protective Custody Limited (Miscellaneous Civil Cause E020 of 2020) [2021] KEELRC 1809 (KLR) (11 March 2021) (Ruling)

Summary at a glance

Facts

Claimant was injured while employed by Respondent and the Director of Work Injury Benefits assessed his compensation.

Issues

• Whether the court can adopt the award by the Director as judgment of the court for purposes of execution.
• Whether the Respondent's objection to the award under section 51(1) of the WIBA is valid.

Reasoning

The court holds that it has the inherent jurisdiction to adopt as judgment the Director’s award for purposes of execution, as there is no challenge mounted against the Director’s award by any party.

Outcome

The application is allowed in terms of prayers 2, 3, 4 and 6.

Orders

• Judgment be entered for the Applicant against the Respondent for Kshs. 671,803.50.
• Interest on the amount from the date of assessment until payment in full be awarded.
• Costs of this application be awarded to the Applicants.

Remedies

• Judgment be entered for the Applicant against the Respondent for Kshs. 671,803.50.
• Interest on the amount from the date of assessment until payment in full be awarded.
• Costs of this application be awarded to the Applicants.

Authorities cited