Kikuyu Pipes and Fittings Centre Limited v Kiambu County Director of Occupational Safety and Health Services & another (Miscellaneous Application E194 of 2025) [2026] KEELRC 177 (KLR) (29 January 2026) (Ruling)

Facts

The Applicant, Kikuyu Pipes and Fittings Centre Limited, claims that its employee, Benard Kilonzo Kaleli, died in a road accident on June 11, 2023. The 1st Respondent, Kiambu County Director of Occupational Safety and Health Services, issued an award on January 29, 2025, finding the Applicant liable for compensation to the 2nd Respondent, Anastasiah Wairimu Mwaura (personal representative of the estate of Benard Kilonzo Kaleli). The Applicant contests the award, alleging bias and lack of proper investigation.

Issues

1. Whether the 1st Respondent’s award should be stayed pending the hearing of the application
2. Whether the Applicant should be granted leave to object to the 1st Respondent’s award out of time

Reasoning

The court finds that the 1st Respondent’s investigation was flawed and that the Applicant was denied an opportunity to be heard. The court also notes that the Applicant’s insurer delayed the process of lodging an objection to the award.

Outcome

Application granted