GA Insurance Limited v Kuria (Cause E432 of 2025) [2026] KEELRC 861 (KLR) (13 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 861
- Citation
- [2026] KEELRC 861 (KLR)
- Decided
- 13 March 2026
Summary at a glance
TypeEmployment and Labour RelationsPostureClaimant's undefended causeCoramSTELLA RUTTO
The Court finds that the Claimant, as the insurer, is entitled to recover from the Respondent the compensation it paid arising from the Director's award together with the attendant costs.
Facts
The deceased, George Kibutha Kamau, was an employee of Bbrood Kenya Limited who died in a road traffic accident involving motor vehicle registration number KAJ 699D, driven by the Respondent, Kelvin Kuria. The Director of Occupational Safety and Health Services assessed and awarded compensation to the deceased's dependants in the sum of Kshs 2,304,000.00. The Claimant, GA Insurance Limited, settled the Director's award and a last expense claim of Kshs 100,000.00.
Issues
- Whether the Claimant's claim is merited under Section 17(1)(b) of the Work Injury Benefits Act (WIBA)
Reasoning
The Court applies Section 17(1)(b) of WIBA to the circumstances of this case, finding that the Claimant is entitled to recover the compensation paid to the deceased's estate.
Outcome
Judgment in favor of the Claimant for the sum of Kshs 2,427,985.00 against the Respondent.
Orders
- Award the sum of Kshs 2,427,985.00 against the Respondent.
- The Respondent shall also bear the costs of the suit.
Remedies
- Reimbursement of the amount pursuant to Section 17(1)(b) of WIBA.
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