Kinoti v One Acre Fund (Miscellaneous Application E007 of 2024) [2025] KEELRC 1366 (KLR) (9 May 2025) (Ruling)

Summary at a glance

Facts

The applicant was employed by the respondent as a Field Officer for over 4 years. She was injured on 25th June 2022 and assessed to have 25% permanent incapacity. The respondent failed to pay the assessed damages, leading to the application.

Issues

• Whether the court has jurisdiction to determine the application.
• Whether the discharge signed by the applicant bars her from further claims against the respondent.
• Whether the orders sought should be granted.

Reasoning

The court has unlimited jurisdiction to determine all disputes involving Employment and Labour Relations. The discharge voucher was on a 'without prejudice' basis and therefore not admissible.

Outcome

The applicant's application was granted.

Orders

• That this Honourable Court be pleased to make a declaration that the Respondent pay the claimant the award amount of Kshs.642,265.50 being the compensation award by the Director of Occupational Safety and Health Services to the Claimant.
• That the compensation of Kshs.642,265.50 by the Director of Occupational Safety and Health services to the claimant be adopted as the Judgment of this court.
• That costs of the application be paid by the Respondent.
• Interest on prayer 2 and 3 above.

Remedies

• Declaration that the Respondent pay the claimant the award amount of Kshs.642,265.50.
• Adoption of the compensation of Kshs.642,265.50 by the Director of Occupational Safety and Health services as the Judgment of this court.
• Payment of costs of the application by the Respondent.
• Interest on prayer 2 and 3 above.

Authorities cited