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ELRCDismissedELRC Appeal No. 33 of 2018 (formerly Nakuru High Court Civil Appeal No. 90 of 2017)· [2019] KEELRC 1735 (KLR)

Christine Mwanahawa Ikala v Transafric Timber Limited [2019] KEELRC 1735 (KLR)

Employment and Labour Relations Court of Kenya
30 April 2019
1,682 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a worker's injury claim because her medical documents actually belonged to another patient, and experienced workers must protect their own safety.

What this practically means

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Executive summary

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This is a first appeal, transferred from the High Court to the Employment and Labour Relations Court at Nakuru, against the decision of Hon. J B Kalo, Chief Magistrate, delivered on 11th July 2017 in Nakuru CMCC No. 387 of 2012, which dismissed the appellant's claim for special and general damages for injuries allegedly sustained on 5th November 2011 while working for the respondent as a general labourer. The appellant advanced five grounds of appeal, in substance that the trial magistrate misapprehended the evidence, wrongly found the case unproved, and failed to assess damages. The respondent maintained that the trial court properly found that negligence was not proved, noting that the appellant, though not a mechanic, attended to a faulty machine, and relied on Stat Pack Industries v James Mbithi Munyao. The court, on a first appeal, re-evaluated the evidence and held that the treatment card produced related to a third party, Rose Ekala, and that the medical report could not corroborate the appellant's case; her oral account of the accident also contrasted with the pleaded and documented injuries. The plea of res ipsa loquitur failed because the facts disclosed no negligence, the doctrine importing no strict liability. Applying Amalgamated Saw Mills v David K. Kariuki and Makala Mailu Mumende v Nyali Golf County Club, the court held that an experienced employee in manual tasks must take reasonable care for her own safety. The trial court's dismissal was affirmed, the appeal dismissed, and the appellant ordered to bear the costs of the appeal.

Key legal issues

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01

Proof of injury and the casual link between the injury and the employer's duty of care

Holding

The appellant failed to prove injury by proper medical evidence and failed to establish the causal link between any injury and the respondent's duty of care.

Reasoning

The medical report of Dr Obed Omunyoma was based on a patient card (No.144125/2011) that related to Rose Ekala, a third party, and not the appellant. The printed card post-dated the medical report, an obvious error the appellant did not cure. Her oral evidence of the accident also contrasted with the injuries pleaded and noted in the medical report.

p. 2
02

Whether the doctrine of res ipsa loquitur established negligence

Holding

The doctrine did not assist the appellant; the facts did not establish negligence and the doctrine imports no strict liability.

Reasoning

The appellant pleaded res ipsa loquitur, but the court held the doctrine is only a short way of saying that proved facts establish a prima facie case of negligence. Here the appellant, employed as a general labourer, voluntarily attended to a faulty machine though not a mechanic, exposing herself to danger; hence no negligence was established against the respondent.

p. 3
03

Duty of care of an employer towards an experienced employee in manual tasks

Holding

An employee familiar with manual work must take reasonable care of her own safety; the employer has no obligation to babysit or supervise such tasks.

Reasoning

Relying on Amalgamated Saw Mills v David K. Kariuki and Makala Mailu Mumende v Nyali Golf County Club, the court held that an employer must provide a reasonably safe working place but an experienced employee in manual tasks requiring no special training must take precautions for her own safety. The appellant's uninvited intervention with the machine broke the chain of attribution.

p. 3

Legal principles established

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  • A first appellate court must re-evaluate the trial evidence and reach its own conclusions while making allowance for the trial court's advantage of hearing the parties.
  • An employee undertaking manual work familiar to them must take reasonable care of their own safety; the employer is not expected to babysit or supervise tasks that need no supervision.
  • Res ipsa loquitur, properly applied, does not entail any covert form of strict liability.

Court orders

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  1. 1.The appeal is dismissed for lack of merit
  2. 2.The appellant shall bear the costs of the appeal
On appeal from
Chief Magistrate's Court at Nakuru
CMCC No. 387 of 2012
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court (transferred from the High Court); the judgment does not cite a specific constitutional provision.

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, "Christine Mwanahawa Ikala v Transafric Timber Limited [2019] KEELRC 1735 (KLR)", Case Analysis (2019). ELRC Appeal No. 33 of 2018 (formerly Nakuru High Court Civil Appeal No. 90 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1735/eng@2019-04-30

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