KTDA to compensate employee Sh1.8m over workplace injuries

Kenya Tea Development Authority (KTDA) has been ordered to pay an employee Sh1.82 million in compensation for work-related injuries sustained while on duty at Kangaita Tea Farm in Kirinyaga County.

Daniel Kinyua suffered injuries on September 16, 2021, while working at the tea farm. Following the incident, he was examined at Kimathi Medical Services in Kerugoya, where Dr Kamau recommended strict bed rest for five days to allow him to recover before resuming work.

After completion of the statutory process under the Work Injury Benefits Act (WIBA), the Directorate of Occupational Safety and Health Services (DOSH) awarded Kinyua Sh1,821,141 on November 23, 2022.

According to Kinyua, the compensation award factored in the five days he was unable to work after the injury. He said the Directorate expressly considered the lost working days in its assessment, affirming that his absence from duty had been acknowledged in the final computation.

In her ruling, Justice Stella Rutto held that the Employment and Labour Relations Court has jurisdiction to enforce awards issued by the Director under WIBA.

The judge said in the absence of any appeal against the Director’s award, and KTDA failure to legally challenge the Director’s award, the Court finds no basis upon which to decline Kinyua’s prayer for adoption of the said award.

“Consequently, this Court finds that the Applicant (Kinyua) is entitled to the sum of sh.1,821,141.60 as assessed by the Director on November 23 2022. The Court further awards interest on the said amount at court rates from the date of this Ruling until payment in full,” said Justice Rutto.

The judge noted that KTDA neither objected to nor appealed against the Director’s assessment within the timelines provided under Section 52 of WIBA, making the award binding and enforceable.

Kinyua told the court that despite repeated follow-ups and a formal demand, KTDA had failed to settle the compensation.

However, KTDA’s Insurer ICEA Lion said that the award issued by the Director is irregular as due process was not followed to ensure participation of both parties and to afford KTDA an opportunity to respond, object, or appeal the decision.

ICEA Lion Legal Officer David Gichuki said the court cannot enforce an award arising from proceedings in which due process was not observed or where a party was not accorded an opportunity to participate.

Gichuki said that the Director overlooked several material inconsistencies in the Applicant’s records and documentation, pointing to a possible fraudulent claim.

He said that the medical facilities Kinyua claims to have attended have no record of his visit during the relevant period and no treatment was administered to him.

However, Kinyua said that KDTA and ICEA Lion was and its insurer were duly apprised of the claim, its authenticity, and the award made, and cannot truthfully plead ignorance of the same.

Kinyua further said that Kirinyaga County Occupational Safety and Health Office responded to the ICEA Lion’s investigator’s enquiry and confirmed the authenticity of the claim forms and related documents.