By Benadeta Mwaura - Reporter
Kenya, 14 January 2026 - The Court of Appeal has dismissed a petition by the Dock Workers Union (DWU) seeking to block a compensation order requiring it to pay KSh 16.4 million to the family of an employee who was shot dead outside the union’s offices in Mombasa in January 2020.
The ruling reinforces legal precedents on employer liability for deaths connected to workplace circumstances.
The compensation order stems from a tragic incident on 29 January 2020, when the employee was fatally shot by unknown assailants outside the union’s premises.
The victim’s family had pursued compensation under laws governing workplace injury and compensation schemes after the union initially resisted the payout.
The Employment and Labour Relations Court had earlier issued the compensation award, but the union challenged it, arguing that the shooting did not constitute an occupational injury under the Work Injury Benefits Act (WIBA) and Occupational Safety and Health Act (OSHA).
In its decision, the Court of Appeal rejected the union’s application to suspend or overturn the compensation order.
The appellate judges affirmed that the compensation award stands and must be paid to the deceased employee’s beneficiaries, dismissing the union’s appeal as without merit.
The payout of KSh 16.4 million is intended to cover various heads of compensation, including loss of future earnings, emotional suffering, and statutory benefits that the family would have expected had the employee not been fatally shot.
Workers’ compensation cases in Kenya are primarily governed by the Work Injury Benefits Act (WIBA) and supported by OSHA, which together outline when employers or related entities may be held responsible for injury or death.
Under these laws, compensation may be payable even in cases where the injury or death occurs within the scope of “workplace circumstances” or due to risks associated with employment duties.
Previous cases in Kenya’s labour courts have similarly clarified that occupational liability is not limited strictly to on‑site incidents but can extend where there is a proximate connection to work duties or workplace context.
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Legal analysts say this latest ruling reinforces that interpretation, ensuring that families of deceased workers are protected under Kenyan labour law when death can be linked to work settings.
The union’s failed appeal highlights broader challenges that labour organisations face when balancing workplace safety responsibilities with liability exposure.
Unions often represent worker interests but may also be held accountable under occupational law when tragedy strikes in or around workplaces they control.
Labour lawyers note that clear workplace safety policies and proper security measures are essential to reduce risk exposure, particularly in contexts where union offices or facilities might be located in high‑risk urban settings.
Councils of trade unions, including the Central Organisation of Trade Unions (COTU), often advise affiliates on compliance with WIBA and OSHA to mitigate legal and financial risk.
The DWU must now proceed with the payment of the awarded Sh16.4 million to the family of the deceased.
There is no indication that the union has further recourse to challenge the ruling, meaning enforcement of the compensation award can now proceed, likely under the supervision of the court system.
The case will be watched closely by labour groups, employers and legal practitioners as a benchmark on how courts interpret occupational liability in situations where a work‑related death occurs in a public or semi‑public space associated with employment.
