Atuta v Mombasa Maize Millers Limited (Miscellaneous Case E047 of 2025) [2025] KEELRC 3322 (KLR) (25 November 2025) (Ruling)

Summary at a glance

Facts

Jared Tobet Atuta was employed as a casual loader by Mombasa Maize Millers Limited. On December 16, 2020, he dislocated his shoulder while off-loading maize bags for the employer, resulting in serious injuries. The Directorate of Occupational Safety and Health assessed the injury at Ksh.158,912.

Issues

• Whether the applicant was injured while in the course of duty
• Whether the assessment by the Directorate of Occupational Safety and Health is valid

Reasoning

The court found that the applicant was injured while in the course of duty and was satisfied with the assessment by the Directorate of Occupational Safety and Health.

Outcome

Judgment in favor of the applicant

Orders

• The assessment by the Directorate of Occupational Safety and Health is adopted as an order of this court and judgment is accordingly entered for the applicant in the sum of Ksh.158,912 together with interest at court rates from the date of filing the application in court. Costs to applicant.

Remedies

• Ksh.158,912 together with interest at court rates from the date of filing the application in court
• Costs to applicant

Authorities cited