M’Rimberia v Meru Central Dairy Co-operative Union (Cause 43 of 2018) [2023] KEELRC 1520 (KLR) (9 June 2023) (Ruling)

Summary at a glance

Facts

Claimant was employed as a Heavy Commercial Driver by the respondent. On March 30, 2014, he suffered serious injuries in an accident while delivering respondent's milk. He was subsequently terminated due to permanent disability and poor vision. The claimant sought reinstatement and compensation.

Issues

• Whether the claimant should be reinstated to employment
• Whether the claimant is entitled to compensation under the Work Injury Benefit Act (WIBA)
• Whether the claimant's dues should be computed and paid by the respondent

Reasoning

The court reinstated the claimant to employment and awarded compensation under WIBA. The respondent's computation of dues was adopted.

Outcome

The respondent is ordered to pay the claimant the specified amount and interest.

Orders

• Certify the application as urgent and hear it on priority basis
• Adopt the assessment of the Director of Occupational Health and Safety as an order of the court
• Issue an order for the sum of Kshs.2,222,524/- to be adopted as the court's order/decree
• Provide for the costs of the application

Remedies

• Compensation of Kshs.2,222,524/- including interest until full payment
• Costs of the application