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ELRCDismissedCivil Appeal ( memorandum of appeal filed 5.11.2007, Nyeri)· [2015] KEELRC 1125 (KLR)

Kenya Nut Company (Kiaora Estate) Ltd v Felistah Wanjiru [2015] KEELRC 1125 (KLR)

Environment and Land Court
15 May 2015
686 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a first-instance appellate judgment of the Environment and Land Court at Nyeri (Byram Ongaya, J) dismissing an appeal against the judgment of the learned Resident Magistrate delivered on 9 October 2007 in Civil Case No. 207 of 2006 at Kandara. The respondent, a coffee picker, had been injured at work by a bite from an unidentified dangerous animal (possibly a snake or gecko) and had sued the appellant employer. The trial court found the appellant liable for breach of the duty of care for failing to provide protective gear such as suitable gloves and for failing to spray chemicals to keep dangerous animals away from the farm, apportioned liability 10% to the respondent and 90% to the appellant for the respondent's lack of vigilance, and awarded general damages of Kshs. 95,000.00 for pain and suffering. The appellant, through Muchui & Company Advocates, raised five grounds: erroneous findings on liability, on the necessity of gloves, on the spraying of chemicals, on foreseeability, and excessiveness of damages. The respondent and her advocates, though served with the hearing notice, did not attend the hearing on 5 May 2015, and the appeal proceeded undefended. The court revisited the record and found no error in any of the trial court's findings, holding that the presence of snakes in the farm made the injury foreseeable ('Snakes are always in that farm') and that the damages award was fair, the appellant having urged no specific material of excessiveness. The trial court's judgment was upheld and the appeal dismissed with costs on 15 May 2015.

Key legal issues

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01

Employer's liability for injury by an unidentified dangerous animal

Holding

The trial court's finding of liability was correct: the respondent was injured at work by a bite from some dangerous animal, and it did not matter whether it was a snake or gecko.

Reasoning

The trial magistrate had expressed doubt that a gecko could bite but found it beyond doubt that the respondent suffered injuries at work from a bite by some dangerous animal. The appellate court held that this finding was supported by the material on record and disclosed no error, so liability founded on the employer's breach of duty of care stood.

p. 2
02

Breach of duty of care: protective gear and spraying of chemicals

Holding

The finding that the appellant failed to provide suitable gloves and to spray relevant chemicals was upheld as a breach of the duty of care owed to the employee.

Reasoning

The evidence was that providing suitable gloves and spraying relevant chemicals was a duty whose performance would have discharged the appellant's duty of care towards the safety of the respondent, an employee assigned coffee picking. The appellant's argument that gloves were unnecessary for coffee picking over the years did not persuade the court that the trial finding was erroneous.

p. 2
03

Apportionment of liability at 10% to 90%

Holding

The trial court's apportionment (10% respondent, 90% appellant) for lack of vigilance was upheld.

Reasoning

The trial court took into account that had the respondent been vigilant enough she would not have been injured, and apportioned liability 10% to 90% for the respondent to the appellant. The appellate court found no error in that exercise of assessing contributory negligence and declined to interfere.

p. 2
04

Foreseeability of the accident

Holding

The injury was foreseeable: the respondent's evidence that snakes were always in the farm established a continuing danger to coffee pickers.

Reasoning

In cross-examination the respondent stated that snakes are always in that farm. The court held that the presence of dangerous animals was a continuing danger to employees assigned to pick coffee, and that injury from them was nearly obvious and therefore foreseeable, defeating the appellant's contention that the accident was not foreseeable.

p. 2
05

Whether the general damages award of Kshs. 95,000.00 was excessive

Holding

The award was not excessive and was fair in the circumstances; the appeal on quantum failed.

Reasoning

The learned trial magistrate considered the extent of the injury and the infraction factor in awarding general damages for pain and suffering. The appellant lamented excessiveness but urged no specific material to demonstrate it, so the appellate court found the award fair and left it undisturbed.

p. 2

Legal principles established

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  • An employer's duty of care towards employees may be discharged by providing suitable protective gear and spraying relevant chemicals to keep dangerous animals away from the workplace.
  • Injury from a continuing danger known to exist at the workplace (snakes always in the farm) is foreseeable, and an appellate court will not disturb a trial court's finding on foreseeability absent error.
  • An appellate court will not interfere with an award of general damages where the appellant points to no specific material showing excessiveness.

Court orders

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  1. 1.The judgment of the trial court is upheld
  2. 2.The appeal is dismissed with costs to the respondent
On appeal from
Resident Magistrate's Court at Kandara
Civil Case No. 207 of 2006
Jurisdiction invoked
Appellate jurisdiction over an appeal from the Resident Magistrate's Court (memorandum of appeal filed under the applicable civil procedure provisions; no specific article/section quoted in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Nut Company (Kiaora Estate) Ltd v Felistah Wanjiru [2015] KEELRC 1125 (KLR)", Case Analysis (2015). Civil Appeal ( memorandum of appeal filed 5.11.2007, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1125/eng@2015-05-15

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