By BOB WASWANI
April 2, 2026| The Employment and Labour Relations Court in Kakamega has ruled that the family of a deceased county employee is entitled to Sh6,566,400 in compensation following a fatal occupational accident.
Justice David Nderitu adopted the assessment made by the Director of Occupational Safety and Health (DOSH) as a formal judgment of the court, directing the County Government of Kakamega to settle the amount with interest.
The applicants—Florence Ann Ateka (widow), Mordecai Anyanga Ong’ayo, Elvis Ong’ayo Ateka, and Zaddock Ong’ayo Ateka (children of the deceased)—filed the application after years of waiting for payment.
Death at the workplace
The court heard that Francis Ateka Ang’ayo, who was employed by the county as an assistant animal officer, died on 24th June 2020 as a result of an occupational accident. The incident was reported to DOSH, and the county itself submitted the required notification of death at work.
DOSH assessed the claim and made an award of Sh6,566,400 in favour of the family. The respondent county government was notified of the award and demanded to settle it via a notice dated 14th September 2020.
According to court documents, the county neither objected to nor appealed the award. However, no payment was made, prompting the family to move to court for enforcement.
County’s defence rejected
In its response, the county government argued that it was insured with Monarch Insurance, which had prepared a discharge voucher for Sh4 million that the first applicant allegedly signed in January 2024. The county claimed that the insurer should have been joined in the case and held liable.
Justice Nderitu dismissed this argument, noting that the county neither objected to nor appealed the original DOSH award as provided by law.
“Any amendment, revision, or interference with the award in any other manner other than as provided for in the law was illegal, null, and void,” the judge ruled.
He further observed that the insurer was not a party to the primary claim and that the relationship between the county and its insurer was a commercial contract outside the court’s jurisdiction.
“The respondent did not join the said insurer as a party in this application for the court to determine the issue of its liability,” the ruling stated.
Jurisdiction upheld
The county had also challenged the court’s jurisdiction to adopt DOSH awards, arguing that the law does not provide a clear procedure for enforcement.
While acknowledging that judges have taken different positions on the matter in the past, Justice Nderitu affirmed that this court has the requisite jurisdiction.
“It would be an absurdity for anyone to contemplate that a holder of an award from DOSH has no remedy in law in enforcement and execution of the same where the employer fails, refuses, or neglects to voluntarily settle the award,” he said.