Ogol & another (Suing as the legal representatives of the Estate of Ibrahim Oketch) v Badar Hardware Limited & another (Cause E116 of 2023) [2024] KEELRC 1828 (KLR) (11 July 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1828
- Citation
- [2024] KEELRC 1828 (KLR)
- Decided
- 11 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a preliminary objectionCoramAGNES KITIKU NZEI
Holding
The 2nd Respondent's preliminary objection is dismissed with costs.
Facts
The deceased, Ibrahim Oketch, suffered fatal work injuries on 12/7/2021. The Occupational Safety and Health Office assessed compensation at Kshs. 3,360,000. The 2nd Respondent, Badar Hardware Limited's insurer, remitted Kshs. 2,147,408, leaving a balance of Kshs. 1,212,592 that the Respondents have refused to pay.
Issues
- Jurisdiction of the Employment and Labour Relations Court to entertain the dispute
- Enforcement of the Occupational Safety and Health Office's assessment
Reasoning
The Court held that the WIBA does not expressly divest the Court of jurisdiction to enforce the Director's award, and that the Court can entertain and determine disputes over liquidated claims.
Outcome
The suit is allowed.
Orders
- The 2nd Respondent is ordered to pay the balance of Kshs. 1,212,592 to the Claimants' representatives.
Remedies
- Specific performance to compel the 2nd Respondent to pay the balance of the award
Authorities cited
Legislation (1)
- Work Injury and Compensation Act (WIBA)
Cases cited (2)
- Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Limited
- Amir Swaleh Omar v Mackenzie Maritime
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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