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ELRCPartially AllowedAppeal from Mavoko CMCC No. 637 of 2016 (Memorandum of Appeal dated 29th September 2019)· [2025] KEELRC 909 (KLR)

Isl Kenya Limited v Ilovi (Appeal 4 of 2021) [2025] KEELRC 909 (KLR)

High Court of Kenya
21 March 2025
3,485 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court cut a factory accident payout for lost earnings from KSh 3.19 million to KSh 1 million but kept the rest of the injury award intact.

What this practically means

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Executive summary

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ISL Kenya Limited appealed against the judgment and decree of the Senior Resident Magistrate at Mavoko in CMCC No. 637 of 2016, delivered on 6th September 2019, in which the Respondent, injured in an industrial accident on 23rd March 2016 while setting metal bars into a twisting machine, was awarded general damages of Kshs 1,000,000, loss of future earning capacity of Kshs 3,192,681.60, future medical expenses of Kshs 200,000 and special damages of Kshs 3,000, liability having been compromised by consent at 80:20 in the Respondent's favour. The Appellant contended the general damages award was inordinately high and that the loss of earning capacity award was computed on wrong principles, applying 100% loss rather than the assessed partial incapacity and an excessive 24-year multiplier. The Appellant only filed submissions; the Respondent filed none. The court, guided by Kemfro Africa and Southern Engineering, declined to disturb the Kshs 1,000,000 general damages award, finding the magistrate laid down the correct factors. On loss of earning capacity, it found the trial court erred: the medical reports assessed disability at 20% and 25%, not 30%, and the correct multiplier was 16 years (respondent aged 44, retirement at 60) rather than 24. Computing 30% x Kshs 13,287 x 12 x 16 (Kshs 765,331.20) and enhancing it for minimum wage reviews, the court substituted Kshs 1,000,000 for loss of earning capacity. The award for future medical expenses, though mentioned in the memorandum of appeal, was uncontested and confirmed. The appeal succeeded in part; each party to bear its own costs of the appeal, with the lower court's costs and interest undisturbed. Delivered virtually on 21st March 2025 by Maureen Onyango, Judge.

Key legal issues

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01

Whether the general damages award of Kshs 1,000,000 was inordinately high

Holding

The award was not disturbed; the trial court correctly considered the injuries and comparable principles.

Reasoning

The court applied the Kemfro Africa principle that interference is warranted only on erroneous principle or an inordinately high or low award. It reviewed the medical reports showing serious hand injuries and permanent disability, noted the appellant itself had proposed Kshs 850,000 before the trial court, and held the magistrate laid down the correct factors. It found no justification for interference despite the appellant's authorities suggesting Kshs 500,000.

p. 5
02

Whether the loss of earning capacity award was assessed on wrong principles

Holding

The trial court erred in adopting a multiplier of 24 years and in stating the disability was 30% based on the respondent's report; the award was set aside and substituted with Kshs 1,000,000 calculated on a 16-year multiplier at 30% incapacity.

Reasoning

The court found the trial court misapprehended the record: the respondent's doctor assessed 20% disability and the appellant's 25%, not 30%. Applying the Alpharama multiplicand/multiplier approach, the court adopted a 16-year multiplier (age 44 to retirement at 60) and a monthly multiplicand of Kshs 13,287, computing 30% x Kshs 13,287 x 12 x 16 = Kshs 765,331.20, then enhanced it to Kshs 1,000,000 to factor in statutory minimum wage reviews, while discounting for the possibility the respondent might have lost his job for other causes.

p. 7

Legal principles established

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  • An appellate court may only interfere with a trial court's assessment of damages where an irrelevant factor was taken into account, a relevant factor omitted, the award is inordinately high or low amounting to an erroneous estimate, or the assessment is not based on evidence.
  • The duty of a first appellate court is to reconsider the evidence, evaluate it itself and draw its own conclusions while making due allowance for not having seen or heard the witnesses.
  • An award for loss of earning capacity can be made whether or not the plaintiff is employed at the time of trial, to compensate for the risk of losing a job or diminished chances of obtaining alternative employment.

Court orders

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  1. 1.Appeal succeeds in part
  2. 2.Award for loss of earning capacity of Kshs 3,192,681.60 set aside and substituted with an award of Kshs 1,000,000 under loss of earning capacity
  3. 3.Rest of the trial court's award (general damages of Kshs 1,000,000, future medical expenses of Kshs 200,000 and special damages of Kshs 3,000) undisturbed
  4. 4.Each party to bear its own costs of the appeal
  5. 5.Costs and interest in the lower court not disturbed

Authorities

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Legislation

  • Regulation of Wages (General) (Amendment) Order2015 Order - minimum wage for machine attendant
  • Work Injury Benefits Act1st Schedule

Cases cited (13)

  • Jackline Syombua v BOG & Ekalakala Secondary School Embu
    HCCC No. 118 of 2006 (UR)
  • Elizaphen Mokaya Bogonko v Fredrick Omondi Ouna
    [2022] eKLR
  • Peter Gakere Ndiangui v Sarah Wangari Maina
    [2021] eKLR
  • Julie Akoth Onyango v Daniel Otieno Owino & Another
    [2020] eKLR
  • Justine Nyamweya Ochoki & Another v Francis Ndurya Thoya & Another
    [2020] eKLR
  • Butler v Butler
    [1984] KLR 225
  • Abok James Odera T/A A.J. Odera & Advocates v John Patrick Machira T/A Machira & Co., Advocates
    (2013) eKLR
  • Kemfro Africa Ltd v A M Lubia & another
    (1982 – 88) 1 KAR
  • Southern Engineering Company Ltd. vs. Musingi Mutia
    [1985] KLR 730
  • Agnes Wakaria Njoka vs Josephat Wambugu Gakungi
    (2015) eKLR
  • Zachary Kariithi vs Jashon Otieno Ochola
    (2016) eKLR
  • Mumias Sugar Limited v Francis Wanalo
    [2007] eKLR
  • Alpharama Limited v Joseph Kariuki Cebron
    [2017] eKLR
On appeal from
Senior Resident Magistrate's Court at Mavoko
CMCC No. 637 of 2016
Jurisdiction invoked
First appellate jurisdiction over the Magistrates' Court (appeal against judgment and decree in CMCC No. 637 of 2016); specific statutory provision not cited in the judgment

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, "Isl Kenya Limited v Ilovi (Appeal 4 of 2021) [2025] KEELRC 909 (KLR)", Case Analysis (2025). Appeal from Mavoko CMCC No. 637 of 2016 (Memorandum of Appeal dated 29th September 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/909/eng@2025-03-21

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