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ELRCDismissedNairobi H.C. Appeal No. 176 of 2016 (transferred to E&LRC)· [2023] KEELRC 195 (KLR)

Blue Nile Rolling Mills v Mululu (Appeal 13 of 2018) [2023] KEELRC 195 (KLR)

Employment and Labour Relations Court
31 January 2023
JRJames Rika
860 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment and Labour Relations Court refused to reduce a Kshs. 450,000 work-injury award, confirming courts account for inflation when comparing older damage awards.

What this practically means

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Executive summary

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This was a first appeal, originally filed at the High Court Nairobi on 13th April 2016 as Appeal No. 176 of 2016 and transferred to the Employment and Labour Relations Court on 23rd July 2018, against the quantum of damages awarded by the Thika Chief Magistrate's Court in a work-injury compensation claim. The Respondent, an employee of the Appellant, was injured on duty on or about 22nd June 2013, sustaining a colles fracture of the right wrist and a cut wound to the right forearm. Liability was settled by consent at 80:20 in the Respondent's favour, and on 15th March 2016 the Trial Court awarded general damages of Kshs. 450,000 and special damages of Kshs. 3,000, less 20% liability, with costs and interest, totalling Kshs. 362,400. The Appellant advanced three grounds: the award was excessive, inconsistent with comparable awards, and that the Trial Court ignored its submissions. The appeal was heard on the record with submissions filed. Applying the Court of Appeal test in Coast Bus Service v. Ndanyi, that an appellate court will not disturb an award unless it is so inordinately high or low as to represent an entirely erroneous estimate, the Court held the award was neither inordinately high nor erroneous. Comparing the older High Court awards of Kshs. 100,000-180,000 relied on by the parties, the Court noted inflation, dwindling purchasing power and shifting consumer price indices over the intervening decade. Relying on Kimatu Mbuvi v. Kioko, damages are a matter of opinion and experience. The appeal was declined with costs to the Respondent.

Key legal issues

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01

Whether the quantum of general damages awarded by the Trial Court should be disturbed on appeal

Holding

The award of Kshs. 450,000 was not inordinately high and the appeal was declined

Reasoning

The Court compared the Trial Court award with older High Court awards of Kshs. 100,000-180,000 made over ten years earlier. Taking account of inflation, diminished purchasing power, shifting consumer price indices and inflationary rates, the Court found Kshs. 450,000 was not significantly at odds with an award of Kshs. 150,000 made a decade before. The Appellant did not demonstrate that the Trial Court acted unreasonably or on wrong principles.

p. 3
02

Whether the Trial Court considered the Appellant's submissions

Holding

The Trial Court did consider the submissions, including the inflation factor

Reasoning

The Trial Court had considered the decisions presented by the Parties and expressly accounted for inflation and the age of the authorities in reaching the figure of Kshs. 450,000, so the ground that it ignored the Appellant's submissions could not stand.

p. 3

Legal principles established

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  • An appellate court will not disturb an award of damages unless it is so inordinately high or low as to represent an entirely erroneous estimate, or the court proceeded on wrong principles or misapprehended the evidence
  • Awarding of damages is essentially a matter of opinion and experience of the decision-maker

Court orders

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  1. 1.The Appeal is declined.
  2. 2.Costs to the Respondent.

Authorities

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Cases cited (6)

  • Teresia Wambui Kamau v. Daniel Njoroge Gichumbi
    dated 19th November 1992
  • Nephat Waitathu Muiruri v. Geoffrey Gaithura & Another
    Nairobi H.C.C.C No. 1973 of 1992
  • Denys Mabwaka Khabusi v. Mawingo Bus Services Limited & Another
    Nairobi H.C.C.C No. 2707 of 1990
  • Zachary Mugambi v. Abdi K. Farah
    Nairobi H.C.C.C No. 1346 of 1984
  • Coast Bus Service Limited v. Sisco E. Murunga Ndanyi & 2 Others
    Court of Appeal No. 192 of 1992
  • Kimatu Mbuvi t/a Kimatu Mbuvi & Bros v. Augustine Munyao Kioko
    [2006] eKLR
On appeal from
Thika Chief Magistrate's Court
work injury compensation claim filed 18th October 2013
Jurisdiction invoked
First appeal transferred from the High Court to the Employment and Labour Relations Court (not stated by provision)

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, "Blue Nile Rolling Mills v Mululu (Appeal 13 of 2018) [2023] KEELRC 195 (KLR)", Case Analysis (2023). Nairobi H.C. Appeal No. 176 of 2016 (transferred to E&LRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/195/eng@2023-01-31

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