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ELRCPartially AllowedAppeal No. 1 of 2020· [2021] KEELRC 219 (KLR)

Julia Wanjiku Mutura v Oserian Development Co. Ltd [2021] KEELRC 219 (KLR)

Employment and Labour Relations Court
9 December 2021
1,879 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled an employer 80% liable for a worker's injury because it failed to provide gumboots on dangerous terrain.

What this practically means

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Executive summary

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The appellant, dissatisfied with the judgment of Hon. S. Muchungi (RM) delivered on 11 December 2015 in Naivasha CMCC No. 734 of 2012 dismissing her suit, appealed to the Employment and Labour Relations Court at Nakuru. She alleged that on 19 January 2012, while an employee of the respondent assigned to prune flowers, she slipped on muddy, rocky ground and injured her right thigh and hip joint, blaming the respondent's failure to supply gumboots. The respondent denied employing her and any liability, asserting it provided safety gear and that the accident was caused by her own recklessness. The respondent adduced no evidence at trial. The court, exercising its first-instance appellate duty to re-examine the evidence, found that the appellant's seasonal contract renewal dated 18/8/2008 and job card, corroborated by a colleague's testimony, established an employment relationship despite the respondent's denial. The court further found the appellant was injured partly due to the respondent's negligence in failing to supply gumboots in rough, slippery terrain, but apportioned liability at 80% to the respondent and 20% to the appellant. Assessing damages at Kshs. 200,000/= less 20%, the court allowed the appeal, substituted damages of Kshs. 160,000/= with costs and interest at court rates from the date of judgment, and awarded the appellant costs of both the appeal and the lower court. Authorities cited by the parties were not expressly adopted by the court.

Key legal issues

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01

Existence of an employment relationship

Holding

The appellant was an employee of the respondent despite the respondent's denial

Reasoning

The appellant exhibited a renewal contract for seasonal employment dated 18/8/2008 and a job card without an expiry date, corroborated by PW2's evidence that they worked together. The court found this established a relationship of employment notwithstanding the respondent adduced no evidence to rebut it.

p. 3
02

Employer's liability for failure to provide protective gear

Holding

The respondent was 80% liable for the appellant's injuries for failing to supply gumboots in a rough, slippery terrain

Reasoning

The appellant and her witness testified that she slipped on muddy, rocky ground while heading to work without gumboots. The court held that supplying no protective gear despite knowing the work environment was dangerous amounted to negligence on the respondent's part, though the appellant contributed 20% by her own care.

p. 3
03

Adequacy of the trial court's assessment

Holding

The trial court erred in dismissing the suit and failing to make an appropriate finding on the evidence

Reasoning

On re-examination of the evidence, the court found the appellant had proved injury at the respondent's premises and the employer's omission, so the dismissal was erroneous and the court substituted its own award of damages with apportioned liability.

p. 3

Legal principles established

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  • An employer who fails to provide protective gear such as gumboots in a known dangerous work environment is negligent for injuries caused thereby
  • In a first appeal, the court has a duty to re-examine the evidence of the parties before making its determination

Court orders

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  1. 1.Appeal allowed and the trial court's judgment disturbed
  2. 2.Damages payable to the appellant substituted to Kshs. 160,000/= (Kshs. 200,000/= less 20% contribution), with costs and interest at court rates from the date of the judgment
  3. 3.Appellant awarded costs of the appeal
  4. 4.Appellant also awarded costs payable in the lower court

Authorities

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Legislation

  • Occupational Safety and Health ActSection 6(1)

Cases cited (5)

  • Garton Limited V Nnacy Njeri Nyoike
    [2016] eKLR
  • Boniface Muthama Kavita V Carton Manufacturers Limited
    [2015] eKLR
  • Mumias Sugar Company Ltd V Charles Namatiti
    CA 151/87
  • Spin Knit Ltd V Alloys Adwera
    [2006] eKLR
  • KPLC V Nathan Karanja Gachoka & Another
    [2016] eKLR
On appeal from
Naivasha Chief Magistrates Court
CMCC No. 734 of 2012
Jurisdiction invoked
First appellate jurisdiction over the subordinate court (Employment and Labour Relations Court at Nakuru, Appeal No. 1 of 2020); no specific constitutional or statutory provision cited

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, "Julia Wanjiku Mutura v Oserian Development Co. Ltd [2021] KEELRC 219 (KLR)", Case Analysis (2021). Appeal No. 1 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/219/eng@2021-12-09

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