Juma v Red Mamba Agencies Limited & another (Miscellaneous Application E135 of 2025) [2025] KEELRC 3568 (KLR) (16 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3568
- Citation
- [2025] KEELRC 3568 (KLR)
- Decided
- 16 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent objects to the applicant's notice of motion on grounds of incompetence and statute-barredness.CoramM. MBARŨ
Holding
The objections based on section 90 of the Act or section 26(4) of WIBA concerning the enforcement of the DOSH award are dismissed.
Facts
The applicant filed a notice of motion on 24 November 2025, alleging that he was injured at work on 10 September 2015. The 1st respondent, Red Mamba Agencies Limited, filed objections claiming the notice was outside the 3-year limitation period under section 90 of the Employment Act.
Issues
- Application of time under section 90 of the Employment Act
- Enforcement of DOSH award within 12 months
Reasoning
The court held that the 3-year limitation period under section 90 of the Employment Act does not apply to an application premised on WIBA. The refusal to pay the DOSH award is recoverable in proceedings such as this one.
Outcome
The objections are dismissed.
Authorities cited
Legislation (3)
- Employment Act
- Work Injury Benefits Act
- Employment and Labour Relations Court (Procedure) Rules
Cases cited (1)
- Malaba v Securex Agencies (K) Limited
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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