Lekwale (Suing as Administrator and Legal Representative of the Estate of the Late Hassan Abdallah Lengiremishoi) v Namunyak Wildlife Conservation Trust (Sued Thro’ Board of Trustees & another; Directorate of Occupational Safety and Health Services (Interested Party) (Petition E014 of 2024) [2025] KEELRC 2186 (KLR) (23 July 2025) (Judgment)

Summary at a glance

Facts

The petitioner, Lekwale, is the administrator and legal representative of the estate of the late Hassan Abdallah Lengiremishoi. The respondent, Namunyak Wildlife Conservation Trust, failed to report an occupational accident involving Lengiremishoi's death to the Directorate of Occupational Safety and Health Services.

Issues

• Whether the petition meets the competence threshold of Constitutional pleading.
• Whether the respondents have violated petitioner’s Constitutional rights.
• Whether the petitioner is entitled to the reliefs sought.

Reasoning

The court held that the respondents' failure to comply with mandatory statutory provisions, such as Section 22 of the Work Injury Benefits Act, violated the petitioner's rights to dignity, right of access to information, right to fair labour practices, and right to fair administrative action.

Outcome

Judgment for the petitioner, including a declaration of violations and Kshs.700,000 in damages.

Orders

• A declaration that the respondents have violated the petitioner’s rights to dignity, right of access to information, right to fair labour practices, and right to fair administrative action.
• Payment of Kshs.700,000 as damages.
• Costs of the suit plus interest at court rates from the date of this judgment.

Remedies

• Declaration of violations
• Damages
• Costs

Authorities cited