Schreurs Naivasha Limited v Jackiline Nyamoita Nyang’au [2019] KEELRC 1939 (KLR)
The bottom line
#A Kenyan appeal court upheld a flower farm worker's win in a workplace injury case because the employer couldn't produce its own safety records.
What this practically means
#Executive summary
#Key legal issues
#Whether the accident of 30th November 2012 occurred and liability attaches to the employer
The trial court's finding of liability at 90:10 in favour of the respondent was proper; the employer failed to avail injury records and the protective apparel register.
The defence witness was an accountant who did not keep injury records; the nurse who kept them died and was not called. The trial court noted the defence 'conveniently avoided availing' the register for issuance of protective apparel. Treatment records at Karagaita Health Centre corroborated the injury, and employment was not challenged. The appellant failed to rebut the respondent's unchallenged account.
Whether the award of Ksh.200,000.00 general damages was excessive
The award was reasonable, being within the range of comparable authorities for right index finger injuries, and was not disturbed.
The court compared the award with Peter Omolo v Match Masters (Ksh.50,000), Kenya Steel Fabricators v Tom Moki (Ksh.220,000) and Kennedy Mutinda Nzoka v Basco Product (Ksh.210,000) for similar index finger injuries. Taking the comparable cases and the trial court's findings into account, the damages were reasonable.
Legal principles established
#- An appeal court cannot properly substitute its own factual finding for that of a trial court unless there is no evidence to support the finding or the judge is plainly wrong.
- The primary duty rests with the employer to prove that precautions were put in place and brought to the attention of the employee.
Court orders
#- 1.The appeal is dismissed
- 2.Each party to bear own costs of the appeal
- On appeal from
- Principal Magistrate's Court at Naivasha
- Naivasha PMCC No. 746 of 2014
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court's judgment and decree in a workplace injury claim (employment and labour relations dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Schreurs Naivasha Limited v Jackiline Nyamoita Nyang’au [2019] KEELRC 1939 (KLR)", Case Analysis (2019). Appeal No. 59 of 2017 (formerly Naivasha High Court Civil Appeal No. 16 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1939/eng@2019-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.