Tonbi v Vintage Concept Limited & another (Miscellaneous Application 026 of 2022) [2022] KEELRC 4067 (KLR) (30 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4067
- Citation
- [2022] KEELRC 4067 (KLR)
- Decided
- 30 June 2022
The court adopts the assessment of the DOSHS and orders the respondents to pay the reduced compensation of Ksh 2,610,000.
Facts
The applicant, John Kinara Tonbi, sustained a spinal injury while working for Vintage Concept Limited. The Director of Occupational Safety and Health Services (DOSHS) assessed compensation at Ksh 2,970,000, which was reduced to Ksh 2,610,000 after re-examination. The applicant has not received the reduced compensation.
Issues
- Whether the employer and insurer are jointly and severally liable for the reduced compensation
- Whether the 90-day period for payment is time-barred
Reasoning
The court applies the provisions of the Work Injury Benefits Act (WIBA) and the Employment Act, 2007, to hold the employer and insurer jointly and severally liable for the reduced compensation. The 90-day period for payment is not time-barred as the employer submitted all necessary documents within the period.
Outcome
The court adopts the assessment of the DOSHS and orders the respondents to pay the reduced compensation of Ksh 2,610,000.
Orders
- The court adopts the assessment of the DOSHS and orders the respondents to pay the reduced compensation of Ksh 2,610,000
Remedies
- Payment of Ksh 2,610,000
Authorities cited
Legislation (2)
- Work Injury Benefits Act (WIBA)
- Employment Act, 2007
Cases cited (1)
- Ruth Wambui Mwangi & another v Alfarah Wholesalers Limited [2017] eKLR
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