Amir Swaleh Omar v Mackenzie Maritime [EA] Limited [2021] KEELRC 550 (KLR)

Facts

The Claimant Amir Swaleh Omar was employed by the Respondent Mackenzie Maritime [E.A] Limited as a Banksman since January 2018. On February 16, 2018, he was injured at his work station at Africa Oil and Gas Limited, breaking his right hip. The County Occupational Safety and Health Officer assessed his injury at 40% incapacity and awarded him Ksh.1,476,912. Dissatisfied, the Respondent requested a medical board to reassess the Claimant, who was awarded 60% permanent disablement and Ksh.2,167,138.53.

Issues

1. Claim for compensation for diminished earning capacity under WIBA
2. Claim for an order compelling the Respondent to settle the claim
3. Claim for an order for conviction of the Respondent’s directors for failure to pay the compensation claimed in line with Section 26(6) of the WIBA Act

Reasoning

The Court found that there are triable and fairly urguable issues raised in the pleadings as currently filed, and the application for summary judgment is denied.

Outcome

Application dismissed with no orders as to costs

Authorities cited