George v Dwa Estate Ltd (Civil Case 51 of 2017) [2026] KEMC 87 (KLR)
The bottom line
#A Makindu court held an employer fully liable for a machine accident, awarding an injured worker KSh 133,000 plus interest and costs.
What this practically means
#Executive summary
#Key legal issues
#Employer's liability for an industrial accident caused by a malfunctioning machine
The defendant was in breach of its statutory duty under section 6 of the Occupational Safety and Health Act and its common law duty of care; it was held 100% liable.
Both parties agreed the machine malfunctioned and threw the plaintiff. The plaintiff testified there was no proper supervision or instruction on handling the machine when it malfunctioned, and the defence led no evidence to show employees were properly trained or supervised as required by sections 6 and 99(1) of the Occupational Safety and Health Act. The plaintiff's evidence was not rebutted and no contributory negligence was established.
Quantum of general damages for blunt trauma to the lower back (soft tissue injuries)
An award of Ksh. 130,000/= in general damages, being an upward adjustment of a 2018 award of Ksh. 100,000/= to account for inflation.
The court applied the cardinal principles that damages must be commensurate with the injury and not inordinately high or low, considered the uncontroverted medical evidence of blunt trauma to the lower back, and adjusted a comparable award of Ksh. 100,000/= from Ndungu Dennis v Ann Wangari Ndirangu for the age of that award and inflation.
Award of interest on general and special damages
Interest on general damages at court rates from the date of judgment until payment in full; interest on special damages from the date of filing suit to the date of judgment, applying section 26 of the Civil Procedure Act.
Relying on section 26 of the Civil Procedure Act and the authorities of Jane Wanjiku Wambui and Omunyokol Akol Johnson, the court held that although the award of interest is discretionary, special damages attract interest from the date of loss because they are ascertainable then, while general damages are only ascertained at judgment.
Legal principles established
#- The burden of proving negligence lies on the plaintiff, who must adduce evidence of the pleaded particulars and not merely adorn the plaint with them.
- An occupier's statutory duty under section 6 of the Occupational Safety and Health Act includes provision of safe plant, systems of work and adequate supervision and training.
- Interest on general damages runs from the date of judgment, while interest on special damages runs from the date of loss/filing of suit.
Court orders
#- 1.Judgment for the plaintiff against the defendant, the defendant being held 100% liable for the accident
- 2.General damages for pain, suffering and loss of amenities of Ksh. 130,000/=
- 3.Special damages of Ksh. 3,000/=
- 4.Interest on general damages at court rates from the date of judgment/decree until payment in full
- 5.Interest on special damages from the date of filing suit to the date of judgment
- 6.Costs of the suit to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a negligence/breach of statutory duty claim arising from an industrial accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George v Dwa Estate Ltd (Civil Case 51 of 2017) [2026] KEMC 87 (KLR)", Case Analysis (2026). Not stated in the judgment (suit filed 22/2/2017 by plaint dated 20/2/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/87/eng@2026-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.