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ELRCPartially AllowedCivil Appeal (transferred from Kiambu High Court Civil Appeal No. 151 of 2017); originating from Gatundu SPMCC No. 93 of 2016· [2019] KEELRC 231 (KLR)
Benvar Stones Limited v Benard Osieko Ekasiba [2019] KEELRC 231 (KLR)
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·~9 min to read original · ~4 min briefThe bottom line
#Kenya's Employment Court cut a worker's injury award from Kshs.200,000 to Kshs.100,000 because the trial magistrate never explained how he arrived at the figure.
What this practically means
#Executive summary
#This is a first-instance appellate judgment of the Employment and Labour Relations Court at Nairobi, delivered by Maureen Onyango J on 22 November 2019, on an appeal against quantum only. The respondent, employed as a casual loader by the appellant, was injured in April 2015 when a greasy metallic bar slipped and cut the small toe of his right leg. Liability was agreed by consent at 75:25 in the respondent's favour, and on 6 September 2017 the Senior Principal Magistrate's Court at Gatundu awarded Kshs.200,000 general damages, Kshs.2,000 special damages, costs and interest. The appellant's six grounds of appeal all attacked the quantum as inordinately high and unguided by medical evidence and comparable awards. The file was transferred from the High Court at Kiambu (where the parties had recorded a consent on stay and part payment) to this court as an employer/employee dispute. The court applied the settled principle that an appellate court interferes with quantum only where the trial court misdirected itself, took into account irrelevant or ignored relevant factors, or made a wholly erroneous estimate. Finding the magistrate had not explained the basis of the award despite divergent proposals, and that comparable injuries attract Kshs.60,000–Kshs.80,000, the court held the award inordinately high, allowed the appeal partially, substituted Kshs.100,000, left the rest of the judgment undisturbed, and ordered each party to bear its own costs of the appeal.
Key legal issues
#01
Whether the trial magistrate's award of Kshs.200,000 general damages was excessive
Holding
The award was inordinately high and substituted with Kshs.100,000
Reasoning
The trial court failed to state the factors it considered and did not explain the basis for its award despite the parties' widely divergent proposals (Kshs.300,000 vs Kshs.70,000). Comparable authorities for a cut wound to a toe with no permanent disability attract Kshs.60,000–Kshs.80,000. The failure to take into account relevant considerations produced an erroneous estimate of damages justifying interference.
p. 5
Legal principles established
#- An appellate court will only interfere with an award of general damages where the trial court acted on a mistake of law, disregarded principles, took into account irrelevant matters or failed to take into account relevant matters, misapprehended the facts, or where the award is so low or high as to be an erroneous estimate of damages
- A trial court must explain the basis of its quantum award, particularly where parties' proposals are far apart
Court orders
#- 1.The court allows the appeal to the extent that the award of Kshs.200,000 for general damages is set aside and substituted with an award of Kshs.100,000
- 2.The rest of the judgment of the subordinate court is undisturbed
- 3.The costs of the appeal will be borne by each party while the costs in the lower court shall remain undisturbed
- On appeal from
- Senior Principal Magistrate's Court at Gatundu
- Civil Case No. 93 of 2016
- Jurisdiction invoked
- Appeal transferred to the Employment and Labour Relations Court by order of the High Court, Kiambu, as a dispute arising within employer/employee relations
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Benvar Stones Limited v Benard Osieko Ekasiba [2019] KEELRC 231 (KLR)", Case Analysis (2019). Civil Appeal (transferred from Kiambu High Court Civil Appeal No. 151 of 2017); originating from Gatundu SPMCC No. 93 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/231/eng@2019-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.