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Docker work injury: DOSHS award, second assessment and payment credit — Mombasa Case and Document Guide

Decision analysed: Kassim v Kenya Ports Authority — [2025] KEELRC 752 (KLR) — 6 March 2025

Court: Employment and Labour Relations Court at Mombasa

The dispute

A docker injured on 20 September 2022 sought enforcement of a DOSHS assessment of KES 1,216,309.50 based on 10% incapacity. The employer obtained a later 3% assessment and relied on an insurer payment and discharge voucher. The second assessment had not been adopted by the Director.

What the Court decided

The Court required the employer to submit the second assessment to the Director for review, adoption and confirmation of payment. The claimant could return to court if issues arose after that review. It did not simply award the full original sum again; each party bore its costs.

What this decision does and does not establish

The WIBA Director process, genuine objection or appeal and confirmed payment must be distinguished. The judgment contains inconsistent award dates, statutory section references and KES 436,443/436,433 figures. Verify the assessment and payment records; do not copy the inconsistent figures or compound-interest prayer as an operative award.

Choose a document for the procedural task

Motion to Enforce a DOSHS Assessment with Payment Disclosure

Use the actual existing cause, applicable power and precise interim or substantive prayers with genuine supporting evidence. Disclose adverse facts, earlier applications, current orders and delay. Complete affidavit, exhibits, urgency certificate only where justified, fee and service under current directions. A proposed corrected motion does not establish that the missing facts or procedural permission exist. Check WIBA sections 23, 26, 51 and 52, current ELRC rules and jurisdiction for the specific enforcement route. A work-injury claim begins with the Director; objections, appeals and enforcement are separate stages. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Injured Docker Affidavit on Assessment and Discharge Voucher

Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

WIBA Assessment and Insurer Payment Reconciliation

This is an evidential or accounting aid, not an originating process or independent proof. Give dates, authors or custodians, admissibility status, actual document pages and transparent calculations. Label missing and disputed items. Obtain the applicable leave or directions for supplementary evidence, serve it and prevent duplicate credits or recovery. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Employer Replying Affidavit on a Second WIBA Medical Assessment

Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn. This is a replying affidavit by the employer. Attach genuine authority, referral, second report, voucher and proof of payment; use a valid jurat after truthful completion. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Submissions on DOSHS Review and Avoiding Double Compensation

Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.

Read the reproduced primary judicial text

Primary source and reconstruction

Read the original judgment: [2025] KEELRC 752 (KLR)

The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.

These documents are newly drafted educational reconstructions, not original filed pleadings or matters handled by our team. The original decision may identify participants; the specimens replace identifying details with bracketed fields. Losing positions remain marked unsuccessful. An advocate must adapt jurisdiction, evidence, prayers and procedure to the actual case.