Nairobi Court Rules Employers Not Responsible for Extravagant Funeral Expenses

A Nairobi court has ruled that employers are only responsible for covering certain "reasonable" funeral expenses following the death of an employee at work, clarifying the limits of employer liability in such cases.

The Employment and Labour Relations Court issued its decision on 22 January 2026, drawing a distinction between the legal obligations of employers and cultural expectations surrounding workplace fatalities. The case involved the death of Emmanuel Mwaruwa, an employee of Shupazzafina Limited, in March 2019. 

His estate filed a claim for compensation and funeral expenses totalling Sh8.7 million, including Sh750,480 for the burial. The claim included receipts for catering, flowers, perfume, and burial clothes, all of which the court ruled were beyond what employers are required to cover.

At the heart of the dispute was Section 34(4) of the Work Injury Benefits Act, which obligates employers to pay "reasonable" funeral costs when an employee dies in the course of their work. The applicant argued that, because the company had not objected within the 60-day statutory period, it should bear the entire cost of the funeral. 

However, the court found that only specific expensessuch as the cost of a coffin and hearse, were the employer's responsibility. Items associated with traditional mourning practices, such as catering and flowers, were deemed excessive for employer liability.

The court also noted that the applicant's delay in seeking legal redress, more than six years after the initial compensation award, was significant. This delay meant that the claim was time-barred under Section 89 of the Employment Act, which imposes a three-year limitation on such claims.