Nyamai v Badar Hardware Limited (Miscellaneous Application E058 of 2021) [2022] KEELRC 13248 (KLR) (17 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13248
- Citation
- [2022] KEELRC 13248 (KLR)
- Decided
- 17 November 2022
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent opposed, Court allowed the applicationCoramAGNES KITIKU NZEI
Court adopts the Director's assessment and orders Respondent to pay KSh 1,999,222 to Claimant, with interest from the date of judgment.
Facts
Claimant was a truck driver for Respondent who was attacked by robbers in 2017, resulting in severe injuries. The Director of Occupational Safety and Health Services assessed compensation of KSh 1,999,222, which Respondent refused to pay.
Issues
- Jurisdiction of the Court to enforce Director's compensation assessment
- Employer's obligation to pay assessed compensation
Reasoning
The Court found it has jurisdiction to enforce the Director's assessment and orders, as the Respondent did not object to the assessment and refused to pay.
Outcome
Claimant's application granted
Orders
- Award of the Director's assessment of KSh 1,999,222 to Claimant
- Award of interest on the decreed sum at Court rates
Remedies
- Payment of compensation and interest
Authorities cited
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