The decision arose from a case in which Dama Kalume Kadenge sued Shupazzafina Limited and First Assurance Company Limited on behalf of the estate of Emmanuel Mwaruwa, who died while on duty
Under the burial expenses, Kadenge claimed Sh334,060 for catering, Sh30,000 for flowers, Sh4,500 for perfume and Sh4,000 for burial clothes
When tragedy strikes at work, families are plunged into grief, shock and unexpected expense, often turning to the employer for help in giving their kin a dignified funeral.
But in a recent ruling by the High Court, a clear line was drawn between empathy and legal responsibility. The court held that while employers may be required to meet certain obligations arising from workplace deaths, they cannot be expected to fund every ritual of mourning.
Sitting in Nairobi, the Employment and Labour Relations Court held that although what is reasonable may be subjective, certain costs such as a coffin and a hearse fall within the category of reasonable funeral expenses that can fairly be transferred to an employer when an employee dies in the course of work.
The Employment and Labour Relations Court held that although what is reasonable may be subjective, certain costs such as a coffin and a hearse fall within the category of reasonable funeral expenses.
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“To the court, the catering, flowers, perfume and cloth expenses cannot be reasonable funeral expenses to be burdened upon an employer when an employee dies in the course of work,” the court said in a ruling delivered on January 22.
The decision arose from a case in which Dama Kalume Kadenge sued Shupazzafina Limited and First Assurance Company Limited on behalf of the estate of Emmanuel Mwaruwa, who died while on duty.
Kadenge sought compensation amounting to Sh8.7 million, being a director’s award made on November 6, 2019, burial expenses of Sh750,480 allegedly incurred in laying the deceased to rest, and interest at court rates of 14 percent from the date of the award until payment in full.
Under the burial expenses, Kadenge claimed Sh334,060 for catering, Sh30,000 for flowers, Sh4,500 for perfume and Sh4,000 for burial clothes.
To support the claim, the applicant placed before the court receipts for the coffin, flowers, perfume, clothing and catering services, relying on section 34(4) of the Work Injury Benefits Act, which provides for payment of reasonable funeral expenses. Court records show that receipts totalling Sh85,000 were produced.
“The Court would have been ready to allow the motion in terms of compensation of Sh8.7 million and funeral expenses of Sh85,000. In light of the question of limitation, the Court declines to assume jurisdiction,” the judge noted, before striking out the entire claim.
