Kassim v Kenya Ports Authority (Miscellaneous Application E117 of 2024) [2025] KEELRC 752 (KLR) (6 March 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 752
- Citation
- [2025] KEELRC 752 (KLR)
- Decided
- 6 March 2025
The court has jurisdiction to determine the matter and the application is not barred by time limitations.
Facts
The applicant sustained a work injury on 20 September 2022 and was assessed by the Director of Occupational Safety and Health Services for Ksh.1,216,309.50. The applicant filed an application for the assessment to be adopted as a judgment, and the respondent paid the award through a discharge voucher.
Issues
- Court's jurisdiction to determine the matter
- Time limitations for filing the application
Reasoning
The court held that it has original jurisdiction over employment and labour relations under Article 162(2) of the Constitution. The court also clarified that a continuing injury is defined by the Court and the Court of Appeal as one that accrues from daily, weekly, or monthly intervals and continues to accrue each subsequent day, week, or month.
Outcome
The application is addressed and the respondent is ordered to submit the second assessment to the Director for review, adoption, and confirmation of the payment made to the applicant.
Orders
- The court adopts the assessment/award of the Director of Occupational Safety and Health Services, Mombasa as a judgment of the court.
- A decree is issued for the sum of Ksh.1,216,309.50 and interests thereon compounded annually at court rates from the date of the award until payment in full.
- The respondent is ordered to submit the second assessment to the Director for review, adoption, and confirmation of the payment made to the applicant.
Remedies
- Interests on the award compounded annually at court rates from the date of the award until payment in full.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Work Injury Benefits Act
- Employment Act
Cases cited (4)
- Maisha Mabati Mills Ltd v Ondari & another [2022] KEELRC 12932 (KLR)
- Wandera v Endmor Steel Millers Limited [2025] KEELRC 265 (KLR)
- Marcus Curvey Ojango v Kenya Revenue Authority [2024] eKLR
- Peter v Gitau [2025] KEELRC 55 (KLR)
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