Dock Workers Union (K) v Director of Occupational Safety and Health Services & 5 others; Federation of Kenya Employers & another (Interested Parties) (Petition E004 of 2024) [2025] KEELRC 51 (KLR) (23 January 2025) (Judgment)

Summary at a glance

Facts

The petitioner, Dock Workers Union (K), seeks declarations that the order issued by the 1st respondent, DOSH/WIBA 4, was unlawful and that the death of the 2nd interested party, Samuel Onyancha Kinaga, did not arise from a work injury.

Issues

• Whether the order issued by the 1st respondent is lawful under Section 53 of WIBA
• Whether the accident which caused the death of the 2nd interested party constitutes an occupational accident
• Whether the 1st respondent has a mandate under Sections 28 and 30 of WIBA to issue an order for work injury compensation
• Whether the court should quash the order dated 11 March 2022 issued by the 1st respondent under DOSH/WIBA 4
• Whether an order should be issued prohibiting proceedings in Mombasa Misc. Application No.E016 of 2014 [2024]

Reasoning

The court determined that the order was not issued by the office established under Section 53 of the Work Injury Benefits Act, 2007, and that the accident did not arise from a work injury.

Outcome

The court declared the order unlawful and that the accident did not constitute an occupational accident.

Orders

• An order of declaration that the order issued by the 1st respondent is unlawful
• An order of declaration that the accident did not constitute an occupational accident

Authorities cited