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ELRCDismissedAppeal No 4 of 2016· [2019] KEELRC 2189 (KLR)

Mumias Sugar Company Limited v Johnstone Matete [2019] KEELRC 2189 (KLR)

Employment and Labour Relations Court
21 February 2019
MOMaureen OnyangoMNMathews Nderi Nduma
2,063 words in judgment
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The bottom line

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Mumias Sugar lost its appeal because its own workplace records proved an employee was injured on the job, and the Kshs.124,000 award stood.

What this practically means

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Executive summary

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This is a first appeal, initially filed in the High Court at Kakamega and transferred to the Employment and Labour Relations Court by order of 28th April 2016, against the decision of Hon. L. M. Nafula, Senior Principal Magistrate, who found Mumias Sugar Company Limited 100% liable for injuries suffered by its casual labourer, Johnstone Matete, and awarded him general damages of Kshs.120,000 and special damages of Kshs.4,000. The respondent was injured on 29th May 2009 while arranging 2 kg sugar packets on pallets when trays being lifted by a forklift slipped and fell on him, injuring his head, shoulders and chest. The appellant challenged both liability and quantum, arguing that the respondent had not discharged the burden of proof under sections 107, 109 and 110 of the Evidence Act, had not established causation, and that the award was excessive compared to Kshs.51,500 awarded in Gilbert Odhiambo Owuor v Nzoia Sugar Company Limited. The court, on a first appeal, re-evaluated the evidence and found that the gate pass, the Accident Occurrence Report Form prepared and approved by the appellant's own employees, and the sick sheet from the appellant's clinic conclusively proved employment and injury in the course of employment; DW1's clinic list was incomplete. On quantum, the authority relied on had not been filed and could not be considered. The appeal was dismissed with costs to the respondent in both the lower court and the appeal. Signed at Nairobi on 22nd January 2019 and delivered at Kisumu on 21st February 2019 by Maureen Onyango and Mathews Nderi Nduma, JJ.

Key legal issues

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01

Whether the respondent discharged the burden of proving negligence and causation against the appellant

Holding

The appeal on liability failed; the appellant's own documents proved employment and injury in the course of employment

Reasoning

The gate pass proved employment. The Accident Occurrence Report Form, prepared by the supervisor, approved by the section manager and endorsed by the head of department (all employees of the appellant), recorded the injured person, place of work, date and time of the accident, the body parts injured (head, chest and shoulder), and that the claimant was knocked down by a falling pallet slipped from a forklift. The sick sheet from the appellant's clinic confirmed the same complaint. DW1's list of clinic attendees was admitted to be incomplete. The court found no merit in the appellant's argument on liability.

p. 3
02

Whether the award of Kshs.120,000 general damages was excessive and should be disturbed

Holding

The court declined to disturb the award because the authority relied on by the appellant on quantum was never filed and could not be considered

Reasoning

Although counsel for the appellant submitted in writing that the award was on the higher side, citing Gilbert Odhiambo Owuor v Nzoia Sugar Company Limited (2012) eKLR where Kshs.51,500 was awarded for similar injuries, no oral submission on quantum was made in court and the cited authority was not filed, so the court had no opportunity to consider it and found no reason to interfere with the trial magistrate's award.

p. 3

Legal principles established

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  • The duty of an appellate court in a first appeal is to evaluate the evidence and arrive at an independent decision, while keeping in mind that the trial court had the advantage of hearing and observing the demeanour of witnesses
  • An employer's own contemporaneous records (accident occurrence report, sick sheet, gate pass) can prove that the claimant was an employee injured in the course of employment

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent both in the lower court and the appeal

Authorities

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Legislation

  • Evidence ActSections 107, 109 and 110

Cases cited (4)

  • Statpack Industries Limited Vs. James Mbithi Munayo
    Civil Appeal No. 152 of 2003 (2005) eKLR
  • Woods Vs Durable Suites Ltd
    (1953) 2 AER 391
  • Wilsher vs Essex Area Health Authority
    (1988) 2 W.L.R. 557
  • Gilbert Odhiabmo Owuor Vs Nzoia Sugar Co. Ltd
    (2012) eKLR
On appeal from
Senior Principal Magistrate's Court (initially filed in the High Court at Kakamega, transferred to this Court by order of 28th April 2016)
Jurisdiction invoked
First appeal transferred from the High Court at Kakamega to the Employment and Labour Relations Court by order of 28th April 2016

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, "Mumias Sugar Company Limited v Johnstone Matete [2019] KEELRC 2189 (KLR)", Case Analysis (2019). Appeal No 4 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2189/eng@2019-02-21

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