Odhiambo & another v Quale Holdings Ltd t/a Guyana Guest House (Cause E068 of 2021) [2022] KEELRC 13010 (KLR) (27 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13010
- Citation
- [2022] KEELRC 13010 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeEmployment DisputePostureRespondent's Preliminary Objection OverruledCoramAGNES KITIKU NZEI
The Court has jurisdiction to enforce the Director's decision on compensation assessment, but cannot determine issues of liability between the employer and employee.
Facts
The deceased, Joseph Odhiambo, fell from a rooftop while working at Quale Holdings Ltd's Guyana Guest House. The accident was reported and compensation was assessed, but the Respondent did not pay the assessed amount.
Issues
- Employment Status
- Jurisdiction of the Court
- Enforcement of Compensation Assessment
Reasoning
The court relies on the Work Injury Benefits Act and the Constitution of Kenya to uphold its jurisdiction over the enforcement of the Director's compensation assessment.
Outcome
Preliminary Objection Overruled
Remedies
- Declaration that the Respondent is obligated to pay the assessed compensation of Ksh 1,926,144.00
- Order directing the Respondent to pay the said sum
- Interest on the assessed compensation
Authorities cited
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