Mwania v Master Platters Limited (Miscellaneous Application E133 of 2023) [2023] KEELRC 2252 (KLR) (28 September 2023) (Ruling)

Summary at a glance

Facts

The applicant, Nicholas Mbithi Mwania, was an employee of the Respondent, Master Platters Limited, who suffered a workplace injury. The Director assessed compensation of KShs.506,688.00, but the compensation remains unsettled.

Issues

• whether the court should order the adoption of the Directors' award
• whether this court should punish the Respondent's directors pursuant to the provision of section 26(b) of the Work Injury Benefits Act

Reasoning

The court has jurisdiction to adopt the Director's award and impose sanctions on the Respondent's directors. The court declines to punish the directors as the Respondent is willing to settle the compensation.

Outcome

The application is granted, and the award is adopted as a judgement of the court.

Orders

• The award is adopted as a judgement of this Court
• The Respondent is given 10 days to pay the sum of the award
• The Respondent shall persist with its refusal to pay the assessed compensation

Remedies

• The court orders the adoption of the Director's award and grants the application

Authorities cited