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ELRCDismissedNot stated in the extract provided· [2015] KEELRC 1087 (KLR)

European Committee for Agriculture Training Rural Development (C.E.F.A) Kenya v Moses Muriuki Matiri [2015] KEELRC 1087 (KLR)

High Court of Kenya (appellate over subordinate court)
22 May 2015
BOByram Ongaya
1,898 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This was a first appeal to the High Court at Nyeri against a magistrates' court judgment of 21 April 2009 awarding a former employee Kshs.300,000 general damages, Kshs.384,000 for loss of earning capacity and future medical care, Kshs.3,500 special damages, plus costs and interest, for multiple health complications (hearing loss, cataracts, spinal/limb damage) attributed to prolonged exposure to a cold and dusty working environment without adequate protective gear. The appellant advanced nine grounds, compressed by the court into three issues: whether the suit sounded in contract or tort and the applicable limitation period; whether the trial court erred in failing to find contributory conduct by the respondent; and whether the awards were excessive. The court held that occupational safety legislation creates contractual rights and correlating employer duties, so the employer's duty of care is contractual and the six-year limitation period applied, time running from when the employee became aware of the adverse health manifestations. On evidence, the appellant failed to supply sufficient protective gear and the respondent did not contribute to his ill health; the risks of the harsh environment were foreseeable. The quantum awards were found just and reasonable. The appeal was dismissed with costs to the respondent and the trial court's judgment and decree upheld.

Key legal issues

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01

Contract vs tort and limitation

Holding

Suit was founded on the contract of employment; six-year contractual limitation applied and suit was not time barred

Reasoning

The court reasoned that occupational safety legislation creates a contractual right to protection and a correlating employer duty. Injuries at work derive from rights and duties founded in the employment relationship. Reliance placed on respondent's authorities, including Central Asbestos v Dodd, so time runs from when the employee becomes aware of the injury. Filed within six years, the suit was not time barred.

p. 2
02

Contributory fault and volenti non fit injuria

Holding

Respondent did not contribute to his ill health; risks of dust and cold were foreseeable by the appellant

Reasoning

Evidence showed the appellant failed to supply sufficient protective gear, obliging the respondent to buy socks and head caps. DW1 confirmed the respondent joined employment in good health; doctor's evidence attributed hearing loss, cataracts and spinal damage to long exposure to dust and cold. The volenti and reasonable-care submissions did not displace the finding of employer failure.

p. 3
03

Quantum of damages

Holding

Awards of Kshs.300,000 general damages and Kshs.384,000 loss of earning capacity were just and reasonable

Reasoning

The appellant did not show in what respect the general damages award was excessive. The loss of earning capacity award was based on the doctor's evidence of permanent incapacity, the respondent's age of 44, retirement at 55, and a multiplier of 8 years at the last monthly pay of Kshs.6,000. The court found the trial court's awards just.

p. 3

Legal principles established

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  • Occupational safety legislation creates a contractual right to protection and a correlating contractual employer duty, so injury claims founded on the employment relationship attract the six-year contractual limitation period running from when adverse health manifestations become known
  • The employer's duty of care as to safety at work is contractual in nature

Court orders

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  1. 1.Dismissal of the appeal
  2. 2.Appellant to pay the respondent's costs of the appeal proceedings
  3. 3.The trial court's judgment and decree is upheld

Authorities

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Legislation

  • Limitation of Actions Actsection 4

Cases cited (5)

  • East African Packaging Industries Limited –Versus- Charles Onyango Owuor
    [2011]eKLR
  • Central Asbestos Company Limited –Versus- Dodd
    (1973) EA 518
  • Athibeta Minayo Amugoza –Versus- Robers Chelimo and Another
    [2005]eKLR
  • Japheth Natse Ifedha –Versus- Collindale Security Company Limited
    [2014]eKLR
  • Mwanyule –Versus- Said t/a Jomvu Total Service Station
    [2004]1 KLR 47
On appeal from
Trial court (magistrates' court)
Not stated
Jurisdiction invoked
First appellate jurisdiction over subordinate court (memorandum of appeal filed 21.05.2009)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "European Committee for Agriculture Training Rural Development (C.E.F.A) Kenya v Moses Muriuki Matiri [2015] KEELRC 1087 (KLR)", Case Analysis (2015). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1087/eng@2015-05-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.