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ELRCDismissedAppeal against judgment in MCC No. 153 of 2017· [2025] KEELRC 2654 (KLR)

Bhachu Industries Ltd v Kyendi (Appeal E363 of 2024) [2025] KEELRC 2654 (KLR)

High Court of Kenya
26 September 2025
5,290 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a first appeal to the High Court against the judgment of Hon. Ruguru Selina N. Muchungi (S.R.M) in MCC No. 153 of 2017, delivered on 13th December 2024, in a workplace-injury claim in which the Plaintiff/Respondent had been awarded Kshs. 452,000/- (Kshs. 450,000 general damages plus Kshs. 2,000 special damages) with the Defendant/Appellant held 100% liable. The Appellant, a garage operator, advanced five grounds attacking both liability and quantum, contending that the Respondent had been issued personal protective equipment (per a PPE issuance record dated 26th February 2016) and that the general damages award for what it called a minor injury was manifestly excessive. The court framed two issues: liability and quantum. On liability, it held that the appellant failed to discharge the burden of proving the PPE record and the Respondent's signature on it (no handwriting expert or eyewitness was called, and DW1 joined the company only in August 2021), while the appellant's own insurer's investigation report covering 2012-2017 found negligence in the provision of safety gear and no hand gloves. Applying Selle v Associated Motor Boat Co. Ltd and Mbogo v Shah, the court found no basis to disturb the 100% liability finding. On quantum, applying Butt v Khan, the court held the Kshs. 450,000 award was not excessive, noting the two consent medical reports confirmed a fracture of the metacarpal/metatarsal bone of the right hand with blunt trauma to the wrist and 10% permanent incapacity, and distinguishing the Triad Coaches comparator. The appeal was dismissed with costs to the respondent on 26th September 2025 (J.W. Keli, J).

Key legal issues

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01

Liability - whether the trial court erred in finding the appellant 100% liable despite the PPE issuance record

Holding

The finding of 100% liability was upheld; the appellant failed to prove the authenticity of the PPE issuance form and the signature on it, and its own investigator's report established lack of protective gear

Reasoning

The appellant bore the burden of proving the PPE record and the respondent's signature under Sections 107, 109 and 70 of the Evidence Act but called no handwriting expert nor any witness present at issuance; DW1 was not employed at the material time. The insurer's investigation report covering 2012-2017 found negligence in provision of safety gear and no hand gloves. On a balance of probability the PPE form was not authentic, and the appellant did not challenge the finding that the old shaft caused the crush injury. Applying Mbogo v Shah, the trial court's finding was not disturbed.

p. 7
02

Quantum - whether Kshs. 450,000 general damages for fracture of the metacarpal/metatarsal bone of the right hand and blunt trauma to the wrist was inordinately excessive

Holding

The award was upheld; the injuries were more severe than those in the comparators cited by the appellant, and the respondent was certified with 10% permanent incapacity

Reasoning

Applying the Butt v Khan test, an appellate court interferes only where the award is entirely erroneous or the judge proceeded on wrong principles. The two medical reports produced by consent confirmed the injuries; Dr. Mwaura certified 10% disability. The trial magistrate considered injuries, residual effects, incapacity and inflation and substantially explained the award. The Triad Coaches comparator involved less severe injuries (Kshs. 250,000). No basis existed to interfere.

p. 9

Legal principles established

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  • A first appellate court must reconsider and evaluate the evidence and draw its own conclusions, while making due allowance for not having seen or heard the witnesses
  • An appellate court will not interfere with an award of damages unless it is so inordinately high or low as to represent an entirely erroneous estimate, or the judge proceeded on wrong principles or misapprehended the evidence
  • A court will not interfere with the exercise of discretion by an inferior court unless satisfied the decision is clearly wrong because of misdirection or failure to consider relevant matters

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
On appeal from
Magistrate's Court (Trial Magistrate Hon. Ruguru Selina N. Muchungi, S.R.M)
MCC No. 153 of 2017
Jurisdiction invoked
First appellate jurisdiction over the magistrates' court (Memorandum of Appeal dated 17th December, 2024)

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, "Bhachu Industries Ltd v Kyendi (Appeal E363 of 2024) [2025] KEELRC 2654 (KLR)", Case Analysis (2025). Appeal against judgment in MCC No. 153 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2654/eng@2025-09-26

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