Judiciary seeks to expand jurisdiction to address workplace injury claims
The Work Injury Benefits Act holds employers accountable for compensating workers who are injured at the workplace.
The Judiciary is advocating for changes to the Work Injury Benefits Act to allow magistrates’ courts the authority to enforce compensation awards for workplace accidents.
Justice James Rika, from the Employment and Labour Court (ELC), stated that Section 52 of the Act needs legislative revisions to enable lower courts to implement compensation assessments made by the Director of Work Injury at the Ministry of Labour.
Presently, only the ELC has the jurisdiction to handle these cases, which often leads to delays and access issues for many workers.
The need for reform is highlighted by the growing number of workplace injuries reported in Kenya.
According to the Directorate of Occupational Safety and Health Services at the Ministry of Labour, more than 5,900 workers were injured in workplace accidents over the past nine months.
Among these, 259 accidents were fatal.
The preceding year also saw over 6,900 accidents, with 241 resulting in death.
The Work Injury Benefits Act holds employers accountable for compensating workers who are injured at the workplace, except when the injury or death is caused by the worker’s own misconduct.
Currently, only a limited number of courts, just ten are designated to handle employment and labour-related cases across Kenya, with none located in northern regions such as Mandera County.
For workers in these remote areas, accessing the Employment and Labour Relations Court can be a costly and time-consuming journey.
"You can imagine workers in Mandera County, for instance. If there is no enforcement at that level, they have to travel long distances to the Employment and Labour Relations Court and to the few judges we have. So we need to extend jurisdiction to magistrates to enforce the assessments given by the Director of Work Injury," Justice Rika explained.
The need for more accessible legal recourse was underscored by Rika’s comments during the 2025 World Day for Safety and Health at Work event, held in Nanyuki.
He urged the Ministry of Labour to collaborate with the judiciary to explore more efficient enforcement mechanisms, which would make justice more accessible to workers across the country.
Alfred Mutua, the Labour and Social Protection Cabinet Secretary, who was represented by Herman Shambi, the Ministry’s Secretary of Administration, expressed concerns about the persistent failure of some employers to report workplace injuries.
He emphasized that this lack of reporting impedes the government's ability to make informed decisions about workplace safety and plan for future improvements.
He also reassured the public of his ministry's commitment to supporting victims of workplace accidents, including the families of deceased workers.
"I wish to reaffirm my ministry’s commitment to assisting occupational accident victims and the dependents of deceased victims in obtaining appropriate redress," the CS said.
The call for reforms comes as the judicial and labour authorities recognize the need to streamline processes and ensure that workers across Kenya have fair access to compensation for injuries sustained while at work.