Mongina v Director of Occupational Safety & Health Service & another (Appeal E259 of 2024) [2025] KEELRC 3630 (KLR) (19 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3630
- Citation
- [2025] KEELRC 3630 (KLR)
- Decided
- 19 November 2025
Summary at a glance
TypeAppealPostureAppeal from a decision of the Director of Occupational Safety & Health Service regarding a work injury assessmentCoramDKN MARETE
The appeal is dismissed with orders that each party bears their costs.
Facts
The Appellant, Irene Morara Mongina, suffered an injury and was assessed at 25% permanent incapacity by the Work Injury Evaluation clinic. The 1st Respondent, Director of Occupational Safety & Health Service, awarded Kshs.396,000.00 as compensation. The Appellant later objected and the award was increased to Kshs.1,104,904.00. The Appellant then appealed this decision.
Issues
- The 1st Respondent's failure to consider the 30% permanent incapacity assessment by Dr. Wokabi
- The 1st Respondent's failure to give reasons for the award of a constant assistant allowance
- The 1st Respondent's failure to consider the Appellant's material evidence
Reasoning
The court found the appeal to be frivolous and a waste of judicial time due to lack of formality and the Appellant's failure to lodge a dispute within the required timeframe.
Outcome
Appeal dismissed
Orders
- Each party bears their costs
Authorities cited
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