Wambu v Roofspec & Allied Works Company Ltd & another [2022] KEELRC 1141 (KLR)

Wambu v Roofspec & Allied Works Company Ltd & another (Miscellaneous Application E049 of 2022) [2022] KEELRC 1141 (KLR) (26 April 2022) (Ruling)

Neutral citation: [2022] KEELRC 1141 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Miscellaneous Application E049 of 2022

Nzioki wa Makau, J

April 26, 2022

Between

Patrick Mutiso Wambu

Applicant

and

Roofspec & Allied Works Company Ltd

1st Respondent

Monarch Insurance Company Limited

2nd Respondent

Ruling

1. The Court grants the prayers and specifically directing that the Respondents jointly and severally meet the assessment by the Director OSHA (Occupational Safety and Health Services) to the tune of Kshs.2,361,600/- to the injuries assessed by the Director.

2. In addition, as the 1st Respondent has committed an offence contrary to Section 26(6) of the Work Injury Benefit Act is to pay Kshs.500,000/- to the Court as a fine within 14 days of today failing which the Applicant may seek the committal of the Directors of the 1st Respondent to jail in terms of Section 26(6) of the Work Injury Benefit Act.

3. The Respondents having precipitated the action in Court by refusal to comply with the directions of the Director OSHA (Occupational Safety and Health Services) they shall meet the costs of the suit as well as the application before me. Payments to be within 14 days.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 26THDAY OF APRIL 2022Nzioki wa MakauJUDGE