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ELRCDismissedAppeal transferred from Kakamega High Court (Senior Resident Magistrate's Court, Butali)· [2022] KEELRC 1012 (KLR)

West Kenya Sugar Company Ltd v Godfrey Mukhangai Shadrack [2022] KEELRC 1012 (KLR)

Employment and Labour Relations Court
26 January 2022
RSRadido Stephen
1,298 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed an employer must pay full compensation after failing to give a worker goggles, rejecting the company's appeal entirely.

What this practically means

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Executive summary

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West Kenya Sugar Co Ltd appealed to the High Court against a decision of the Senior Resident Magistrate's Court at Butali awarding the Respondent, a worker, general damages of Kshs 300,000/- for pain and suffering and special damages of Kshs 6,000/- after caustic soda from a leaking pipe dropped into his eyes during juice production. The High Court declined jurisdiction on 3 December 2018 and transferred the appeal to the Employment and Labour Relations Court at Kisumu, which heard it as a first appeal. The Appellant challenged the finding of 100% liability, contending there could be no liability without fault since the incident was unexpected; contended special damages were neither pleaded nor proved; and argued the general damages award was excessive. The Court, applying Kamau v Mungai on the role of a first appellate court, re-evaluated the evidence. It found the Respondent had testified he was never issued goggles, and the Appellant's own witness admitted under cross-examination that goggles had not been issued despite a witness statement to the contrary. The Appellant also produced no evidence on machine maintenance. Liability of 100% was upheld. On special damages, receipts of Kshs 6,000/- were admitted without objection, and the Appellant, having acquiesced, could not challenge the award. On quantum, the Court distinguished the Appellant's soft tissue injury authority and, noting the injuries resembled but were less serious than the permanent eye injury in the Clara Nyaruna case, declined to disturb the award. The appeal was dismissed with costs of the appeal and the trial Court to the Respondent.

Key legal issues

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01

Employer's liability in negligence for failing to provide safety equipment

Holding

The trial Court correctly found the Appellant fully liable; its own witness admitted goggles were not issued, and no evidence was led on machine maintenance

Reasoning

The Respondent testified that caustic soda from a leaking pipe dropped into his eyes and that he was not provided with goggles. The Appellant's own witness admitted under cross-examination that goggles had not been issued despite his statement to the contrary. The Appellant also adduced no evidence of how it serviced machines to ensure a safe working environment, failing to rebut the claim in negligence and breach of duty of care.

p. 2
02

Proof of special damages

Holding

The award of Kshs 6,000/- special damages was not disturbed because receipts were produced without objection and the Appellant acquiesced

Reasoning

Although only Kshs 1,500/- was pleaded, receipts for Kshs 6,000/- for spectacles were produced and admitted at trial without objection from the Appellant. The Court held the Appellant, having acquiesced in the production and admission of the receipts, could not now challenge the award on appeal.

p. 2
03

Quantum of general damages

Holding

The award of Kshs 300,000/- was not so excessive as to warrant interference; the Appellant's suggested comparable authority was irrelevant

Reasoning

The Appellant relied on a case involving soft tissue injuries to the chest, right knee and back, which the Court distinguished as irrelevant to chemical burns to an eye. The injuries in Clara Nyaruna Okect were more serious, involving a permanent eye injury. Factoring in inflation since 2011, the award was left undisturbed.

p. 3

Legal principles established

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  • On a first appeal, the court must re-evaluate the evidence and reach its own conclusions, making due allowance for not having seen or heard the witnesses

Court orders

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  1. 1.The Appeal is dismissed
  2. 2.Costs of the Appeal and in the trial Court awarded to the Respondent

Authorities

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Cases cited (3)

  • Kamau v Mungai
    (2006) 1 KLR 150
  • Clara Nyaruna Okect v Akamba Bus Service
    Nairobi High Court Civil Case No. 3506 of 1985
  • Avtar Singh Bhamra & An v Joseph O. Ouko
    Kisumu Civil Appeal No. 26 of 2010
On appeal from
High Court at Kakamega (originating from Senior Resident Magistrate's Court, Butali)
not stated
Jurisdiction invoked
First appeal transferred to this Court by the High Court which declined jurisdiction (3 December 2018)

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, "West Kenya Sugar Company Ltd v Godfrey Mukhangai Shadrack [2022] KEELRC 1012 (KLR)", Case Analysis (2022). Appeal transferred from Kakamega High Court (Senior Resident Magistrate's Court, Butali). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1012/eng@2022-01-26

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