Wanyama v H Young & Co (East Africa) Limited & another (Miscellaneous Cause E121 of 2022) [2023] KEELRC 2183 (KLR) (21 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2183
- Citation
- [2023] KEELRC 2183 (KLR)
- Decided
- 21 September 2023
The application succeeds in terms of prayers 1 and 2, and the court orders the 1st and 2nd Respondents to jointly and severally pay the applicant Ksh.1,229,011.20 in compensation.
Facts
The applicant, Premas Wafula Wanyama, sought compensation for work injury claims under the Work Injury Benefits Act, but the 1st and 2nd Respondents (Jubilee Insurance Co Limited and H Young & Co (East Africa) Limited) argued that the applicant was not a party to the contract and that the 1st Respondent had not complied with the terms of the contract.
Issues
- Whether the applicant is a party to the contract with the 1st Respondent
- Whether the 1st Respondent is obligated to pay compensation
Reasoning
The court ruled that the applicant is not a party to the contract, but the 1st Respondent is obligated to pay compensation either from the employer or the insurer due to statutory exemptions.
Outcome
The application is successful, and the 1st and 2nd Respondents are ordered to pay compensation.
Orders
- The assessment of the Director of Occupational Safety and Health Services is adopted as a judgment of this court.
- Judgment be and is hereby entered for the Applicant against the Respondents jointly and severally in the sum of Ksh.1,229,011.20.
- The respondents shall jointly and severally pay the Applicants costs.
Remedies
- Compensation of Ksh.1,229,011.20
Authorities cited
Legislation (2)
- Work Injury Benefits Act
- Employment and Labour Relations Court Procedure Rules, 2016
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