Isaac Njuguna v Farmland Aviation Ltd [2018] KEELRC 139 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether prior statutory compensation under WIBA/Workmen Compensation Act bars a common law claim for general damages
No; statutory compensation does not bar a claim for damages available under any other law, and the employee may seek general damages at common law
The court held that upon pleading the injury and damage, an employee injured at work is entitled to have the court assess and award general damages at common law. The award under the Workmen Compensation Act released through WIBA does not hinder the assessment of damages, so the respondent's objection that the claimant had been paid Ksh. 242,500.00 was rejected as a bar to the assessment.
Whether the ELRC has jurisdiction to award common law general damages given section 12(3) of the ELRC Act
Yes; under section 12(3)(v) and (vi) the court may award compensation and damages contemplated under the Act or any written law, and the power is constitutional and statutory
The respondent argued the court's powers under section 12(3) were specific and limited and that common law damages were not available. The court held the power is specific and precise, that damages are contemplated under the Act and other labour statutes, and it is within the court's constitutional and statutory powers to assess and award damages in appropriate cases.
The quantum of damages appropriate for severe chemical burns with progressive total blindness
Ksh. 4,000,000.00 general damages, Ksh. 300,000.00 special damages and Ksh. 2,000,000.00 future medical expenses
Guided by comparable authorities (chemical burns, electric burns, loss of vision), the claimant's age of 32 years at injury, 14 years elapsed, medical reports showing progressive blindness requiring lifelong support and medication, and inflationary trends, the court found Ksh. 4 million general damages and Ksh. 2 million future medical expenses appropriate, and confirmed the pleaded special damages of Ksh. 300,000.00 supported by receipts.
Legal principles established
#- Compensation received under the Workmen Compensation Act / Work Injury Benefits Act, 2007 does not bar a claim for common law damages for a workplace injury
- The ELRC has jurisdiction under section 12(3)(v) and (vi) of the Employment and Labour Relations Court Act, 2011 to award compensation and damages contemplated under the Act or any written law, including common law damages
Court orders
#- 1.Judgment for the claimant against the respondent for special damages of Ksh. 300,000.00
- 2.General damages of Ksh. 4,000,000.00
- 3.Costs for future medical expenses of Ksh. 2,000,000.00
- 4.Costs of the suit as directed in Civil Appeal No. 269 of 2012 – Isaac Njuguna versus Farmland Aviation
- On appeal from
- Court of Appeal of Kenya at Nakuru
- Civil Appeal No. 269 of 2012
- Jurisdiction invoked
- Section 12(3)(v) and (vi) of the Employment and Labour Relations Court Act, 2011, pursuant to the Court of Appeal's remittal for assessment of damages
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- James Wambua Kimila v Sinohydro Corporation Limited & James Njuho[2020] KEHC 5780 (KLR)14 May 2020
Cite this brief
#Cite this brief
Caselaw, "Isaac Njuguna v Farmland Aviation Ltd [2018] KEELRC 139 (KLR)", Case Analysis (2018). Cause No. 219 of 2018 (formerly Nakuru High Court Case No. 190 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/139/eng@2018-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.