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ELRCDismissedAppeal No. 49 of 2017· [2021] KEELRC 1232 (KLR)

Mahee Flowers Limited v Peter Irungu Kuria (Appeal 49 of 2017) (Employment and Labour) [2021] KEELRC 1232 (KLR)

Employment and Labour Relations Court of Kenya at Nakuru
21 July 2021
HWHellen Wasilwa
1,694 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan employer lost its appeal because it never presented evidence at trial—alleging safety compliance is meaningless unless you prove it in court.

What this practically means

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Executive summary

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The appellant, Mahee Flowers Limited, appealed against the judgment of Hon. M.K Mutegi, Senior Principal Magistrate, delivered on 6 September 2017 in Engineer SPMCC No. 162 of 2016, in which the respondent, Peter Irungu Kuria, was awarded Kshs. 227,000/- (including Kshs. 200,000/- general damages) for a fractured left wrist sustained on 20 January 2015 when he slipped while working in a greenhouse with wet, waterlogged ground. The appellant raised four grounds: erroneous finding of 100% liability, excessive quantum, failure to consider its submissions, and inadequate judgment structure. By written submissions, the appellant argued that the employer's duty is not absolute and that comparable awards for similar injuries were substantially lower. The respondent maintained that the appellant failed to provide safety apparel, that its case was uncontroverted, and that the award matched comparable precedents. The court, as a first appellate court, re-evaluated the record and found that the plaintiff proved he was injured at work, corroborated by a doctor's evidence, and that the appellant, though alleging that the respondent refused safety instructions and protective gear, called no evidence at trial to substantiate those claims. The respondent's case therefore remained uncontroverted and the finding of 100% liability was correct. On quantum, the trial court's assessment was based on the authorities before it and was not disturbed. The appeal was found to lack merit and was dismissed with costs to the respondents.

Key legal issues

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01

Liability of the employer for the workplace accident

Holding

The trial court's finding of 100% liability against the appellant was upheld because the appellant did not adduce any evidence to controvert the respondent's claim

Reasoning

The plaintiff testified that he slipped in a waterlogged, slippery work area and that the gumboots issued to him were worn out. The appellant denied liability and claimed it had provided safety gear and instructions, but it never called any evidence at trial. An uncontroverted claim therefore stood proved, and the trial magistrate's finding of full liability was the true position in the circumstances.

p. 3
02

Whether the quantum of damages of Kshs. 200,000/- was excessive

Holding

The award was not inordinately high; it was based on comparable authorities submitted before the trial court, and the appellate court found no reason to disturb it

Reasoning

The trial court assessed damages based on the authorities submitted by the respondent, including comparable awards for wrist fractures. The appellant argued for lower comparable awards, but since it produced no evidence below and the award was consistent with the injuries suffered (fracture of the left wrist), the appellate court found no plausible reason to interfere with the assessment.

p. 3

Legal principles established

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  • An employer's duty to ensure employee safety is not absolute but requires reasonable care against foreseeable risks
  • A first appellate court must re-evaluate the evidence on record before disturbing a trial court's findings

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Costs of the appeal awarded to the respondents

Authorities

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Cases cited (7)

  • Abok James Odera t/a A.J Odera and Associates v John Patrick Machira t/a Machira and Co. Advocates
    [2013] eKLR
  • Charles Oriwo Odeyo v Appollo Justus Andabwa and another
    [2017] eKLR
  • Gideon K. Kemboi v Nyayo Tea Zone Development Corporation
    [2015] eKLR
  • Isaac Mwenda v Mutegi Mutango
    [2004] eKLR
  • Johnson Mosse Nyaundi (Suing as a minor through next friend Wilfred Wadibe Nyaundi) v Petroleum Industries Limited
    [2014] eKLR
  • Simon Mutisya Kavii v Simon Kigutu Mwangi
    [2013] eKLR
  • Risper Kazungu v Central Furniture Stores and another
    Civil Appeal Number 78 of 1991, Mombasa
On appeal from
Engineer Senior Principal Magistrates Court
SPMCC No. 162 of 2016
Jurisdiction invoked
First appellate jurisdiction over appeals from subordinate courts in employment matters (Employment and Labour Relations Court Act)

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, "Mahee Flowers Limited v Peter Irungu Kuria (Appeal 49 of 2017)  (Employment and Labour) [2021] KEELRC 1232 (KLR)", Case Analysis (2021). Appeal No. 49 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1232/eng@2021-07-21

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