Bett Kipsang and Co Advocates

Bett Kipsang and Co Advocates We are Located at Nairobi CBD, Monrovia street, utalii lane, Hazina towers 13th floor.

21/08/2026

Law Employment and Labour Laws # lnjury Claims.

21/08/2026

Law Employment and Labour Law injury Claims.

20/08/2026

"INJURED AT WORK? Kenyan Law Says Your Boss should Pay You!"

Got hurt on duty? You don’t have to suffer in silence. The law forces your employer to compensate you for work injuries. Know your rights before they deny you.

Work injury claims in Kenya are governed by:
-Work Injury Benefits Act Cap 236: Covers all employees. Entitles you to compensation for injury, disease, or death arising out of employment. No need to prove negligence.
-Occupational Safety and Health Act Cap 514: Employers must provide a safe workplace, training, and PPE(Personal Protective Equipment). Breach = liability.
-Employment Act Cap 2007:Duty of care and record keeping.

Claim process: Report injury within 7 days, seek treatment,file claim with employer and WIBA insurer. You can claim medical costs, lost wages, and lump sum for disability. Even if partly at fault, compensation still applies.

The law is clear: if you’re injured at work, your employer and their insurer must pay.

Key Takeaways.
1.Report Fast: Within 7 days.
2.All Workers Covered: Casual, contract, permanent.
3.Safety Is Legal Duty: No PPE or unsafe systems = employer liable under OSHA(Occupational Safety and Health Act).
4.Get Legal Help.

20/08/2026

"NO SAFETY GEAR, NO EXCUSE: Court Holds Employer Liable After Worker’s Teeth Were Shattered On The Job"

Hurt at work because your boss ignored safety? This ruling sends a clear message: employers cannot hide behind “it was your fault.” If you’re injured on duty, the law is on your side.

Charles Mwiti Gichiu v Abyssinia Iron Steel Mills Limited [2026] KEELRC 2379(KLR).

Brief Facts.
The Appellant was working for the Respondent carrying metal rods. A co-worker dropped his end without warning, causing the rods to hit the Appellant in the mouth. He suffered serious injuries including broken teeth. He claimed the employer failed to provide safety gear and a safe system of work. The trial court dismissed the case. He appealed.

Issues.
-Was there an employment relationship?
-Was the employer negligent and in breach of statutory duty?
-How should liability be shared between employer and employee?

Rule / Law court Used.
- Employment Act: Duty to keep work records.
-Occupational Safety and Health Act: Duty to ensure workplace safety
-Work Injury Benefits Act: Protection for persons injured at work
-Common law duty of care: Reasonable steps to prevent injury

Findings.
-Employment Proven: Appellant proved employment. Employer failed to produce required records.
-Breach of Duty: Employer provided no safety gear or warnings despite dangerous work.
-Shared Fault: Court apportioned liability 50%:50% due to contributory negligence.
-Trial Court Erred: It ignored the negligence claim and focused only on employment.

Conclusion.
The appeal succeeded. Employers must protect workers and keep records. Failing to do so leads to liability, even where the employee is partly at fault.

Key Takeaways.
1.Safety Is Not Optional: No gear + no training = employer liability.
2.No Records Hurts Employers: If they can’t prove who was at work, the court believes you.
3.Partial Fault ≠ No Claim: You can still recover even if you were partly to blame.
4.All Workers Covered: Casual, contract or permanent workplace injuries are compensable.

20/08/2026

Law Law of Succession.

20/08/2026

Law Succession Law of Succession Act Cap 160 to begin Succession.

19/08/2026

law Law of Succession of Succession Act Cap 160 Colligenda Bona.

19/08/2026

law Succession Law Act Cap 160 Purpose Grant.

19/08/2026

Law Succession Law Act Cap 160 Ad Litem.

19/08/2026

Law of Succession Act Cap 160 .

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