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Ateka & 3 others v County Government of Kakamega (Miscellaneous Application E011 of 2025) [2026] KEELRC 852 (KLR) (19 March 2026) (Ruling)

[2026] KEELRC 852 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
852
Citation
[2026] KEELRC 852 (KLR)
Decided
19 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for enforcement of awardCoramDN NDERITU
Holding

The notice of motion by the applicants is allowed, and the assessment by DOSH is upheld as a judgment of the court. The amount shall attract interest at court rates until payment in full. Costs are awarded to the applicant.

Facts

The applicants were awarded Kshs. 6,566,400 by DOSH, but the respondent has not settled the award nor made proposals for settlement. The respondent now opposes the award, alleging that it was renegotiated with the insurer and that the insurer is now liable to settle the award.

Issues

  1. Is the court clothed with the necessary jurisdiction to hear and determine the issues?
  2. Should the application be granted?
  3. Who is liable to settle the award?
  4. Are the applicants entitled to the award?

Reasoning

The court finds jurisdiction and grants the application, upholding the DOSH assessment and award. The court also orders interest and costs.

Outcome

Application granted

Orders

  • Judgment in favor of applicants for Kshs. 6,566,400
  • Interest at court rates from date of ruling till payment in full
  • Costs awarded to applicant

Remedies

  • Judgment for Kshs. 6,566,400
  • Interest at court rates
  • Costs awarded

Authorities cited

Legislation (3)
  • Employment and Labour Relations Act
  • Work Injury Benefits Act
  • Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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