ADVOKS GLOBAL · KENYA
Law Reform Act
5. Provisions as to workmen and employers
Edition: 1966-07-12 · In force
5. Provisions as to workmen and employers
(1)Where, within the time limited for the taking of proceedings under the Workmen’s Compensation Act (Cap. 236) (hereafter in this section referred to as the Act), an action is brought to recover damages independently of the Act in respect of an injury or disease giving rise to a claim for compensation under the Act, and it is determined in that action that—(a)damages are recoverable independently of the Act subject to such reduction as is mentioned in subsection (1) of section 4 of this Act; and(b)the employer would have been liable to pay compensation under the Act, subsection (2) of section 25 of the Act (which enables the court, on the dismissal of an action to recover damages independently of the Act, to assess and award compensation under the Act) shall apply in all respects as if the action had been dismissed, and, if the claimant chooses to have compensation assessed and awarded in accordance with the said subsection (2), no damages shall be recoverable in that action.(2)Where a workman or his executor or administrator or any of his dependants has recovered compensation under the Act, in respect of an injury caused under circumstances which would give a right to recover reduced damages in respect thereof by virtue of section 4 of this Act from some person other than the employer (hereinafter referred to as the third party), any right conferred by section 24 of the Act on the person by whom the compensation was paid, or on any person called on to pay an indemnity under section 23 of the Act, to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the sum paid or payable by that person as bears to the total sum so paid or payable the same proportion as the reduced damages bear to the total damages which would have been recoverable if the workman had not been at fault.(3)For the purposes of this section, “dependants”, “employer” and “workman” have the same meaning as in the Act