Ngesa v Mahesh & Tirth Construction Company Limited (Miscellaneous Application e287 of 2025) [2026] KEELRC 702 (KLR) (12 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 702
- Citation
- [2026] KEELRC 702 (KLR)
- Decided
- 12 March 2026
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent/Applicant seeks review of DOSH awardCoramONESMUS MAKAU
The court lacks jurisdiction to review the DOSH award as the statutory procedures for challenging it were not followed.
Facts
The applicant (Ngesa) filed a motion alleging that the delay in filing a response to the respondent's motion was inadvertent. He claims that the Assistant Director's percentage for permanent incapacity was incorrect, based on an initial medical assessment indicating 0% incapacity.
Issues
- Whether the court has jurisdiction to review a DOSH award that was not appealed or objected to under the Work Injury Benefits Act.
- Whether the applicant has met the legal threshold for review orders.
- Who should bear the costs of the application.
Reasoning
The court found that the applicant did not object to the DOSH award within the 60-day period and that the statutory framework for challenging DOSH awards is mandatory and exclusive.
Outcome
The application is dismissed with costs.
Authorities cited
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