Bhachu Industries Limited v Kula (Employment and Labour Relations Appeal E314 of 2024) [2025] KEELRC 1732 (KLR)
The bottom line
#A Kenyan court upheld an employer's full liability for a worker's injury but cut the damages award from Kshs. 250,000 to Kshs. 100,000.
What this practically means
#Executive summary
#Key legal issues
#Liability - whether the trial magistrate erred in holding the appellant 100% liable
Appeal on liability dismissed; 100% liability upheld against the employer
The court found the trial court's finding corroborated by the appellant's own investigation report by Uptown Loss Assessors showing negligence in provision of safety clothing and that most workers lacked protective gears including hand gloves. The respondent was not the crane operator and there should have been a supervisor on site to warn him. The PPE issuance record was not proved: DW1 did not witness the signature, the safety officer who allegedly issued the gear was not called, and the record was signed by the HR Manager, not the safety officer.
Quantum - whether the award of Kshs. 250,000/- for dislocation/deformity of the left little finger was excessive
Award reduced from Kshs. 250,000/- to Kshs. 100,000/- as general damages
Applying the principle that comparable injuries should attract comparable awards, the court compared the cited authorities. In Emmanuel Ithau Nyamai v Paul Kipsang Samoei a plaintiff with more numerous injuries was awarded Kshs. 200,000/- on appeal; the injury before this court was of a deformed little finger only. The court was satisfied the trial magistrate committed an error of principle and reduced the award to Kshs. 100,000/-, leaving the unchallenged special damages of Kshs. 2,000/- intact.
Legal principles established
#- An appellate court will not disturb an award of damages unless it is inordinately high or low or the trial court acted on wrong principles or misapprehended the evidence
- The burden of proving the authenticity of a disputed signature lies on the party alleging it; failure to call the maker or a handwriting expert is fatal to proof of the document
Court orders
#- 1.Judgment and Orders of the Honourable C.A. Ogweno (SRM) delivered at Nairobi on the 24th day of October, 2024 in MCELRC No. 3628 of 2018 set aside and substituted
- 2.Liability at 100% in favour of the Plaintiff as against the Defendant
- 3.General damages at Kshs 100,000/-
- 4.Special damages of Kshs 2,000/-
- 5.Costs of the suit
- 6.Interest on (b), (c) and (d) at Court rates from the date of judgment till payment in full
- 7.Each party to bear own costs in the appeal
- On appeal from
- Magistrates Court (Nairobi), MCELRC Cause No. E3628 of 2018
- MCELRC Cause No. E3628 of 2018
- Jurisdiction invoked
- First appellate jurisdiction over appeals from subordinate courts in employment and labour matters (Employment and Labour Relations Court Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bhachu Industries Limited v Kula (Employment and Labour Relations Appeal E314 of 2024) [2025] KEELRC 1732 (KLR)", Case Analysis (2025). Nairobi MCELRC Appeal from MCELRC Cause No. E3628 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1732/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.