Nakuru County ordered to pay man Sh2.9M within 30 days

The Employment and Labour Relations Court has ordered Nakuru County Government to pay a man Sh2.98 million as compensation within 30 days.

Judge Anna Mwaure compelled the county government to pay Alfred Owino the Sh2.98 million and accrued interests from September 8, 2020, at 14 percent per year.

The ruling ends Owino’s nine-year old search for justice after he suffered work-related injuries in 2017.

The judge said she was convinced that Owino sustained the work-related injuries in 2017, and the same was assessed at 50 percent permanent incapacity.

She noted that he was awarded the Sh2.98 million in 2020, by the Directorate of Occupational Safety and Health Services (DOSH).

However, she expressed concerns that despite a decree, issued by the court on March 13 this year, the county government had failed to make the payment.

“Despite compensation by DOSH being adopted by the court and being served, the respondent (county) has provided no evidence of compliance,” she ruled.

She ruled that the county’s failure violated Owino’s constitutional right to equal protection, amounting to irrationality that had left him unable to enjoy the fruits of the judgment.

“While execution against government property is barred under Government Proceedings Act, the statute imposes a duty on the accounting officer to settle decrees from public revenue,” noted the court.

Mwaure concluded that the court had no other choice but to grant the prayers sought by Owino. She also granted him the cost of his application.

Owino sued the county government of Nakuru, its County Secretary and the Chief Officer finance.

He wanted the court to issue compelling orders, submitting that court verdicts, latest being in March this year, had been ignored.

Owino said he suffered work related injuries that made him incapacitated in 2017 and since then, he had been following up on his compensation.

He said that the same proved futile since execution against government property is barred under the Government Proceedings Act.

“I seek a judicial review and orders because without it, I risk never receiving the compensation which is lawfully due to me,” he averred.

The county government never responded to Owino’s application despite being notified of the same through legal service.