JOHN BARASA WASIKE & ANOTHER V DEVKI STEEL MILL LTD [2013] KEELRC 291 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 291
- Citation
- [2013] KEELRC 291 (KLR)
- Decided
- 8 May 2013
Summary at a glance
TypeIndustrial Accident ClaimPostureClaimants' appeal from a previous judgmentCoramM. Mbaru
The Industrial Court finds the defendant negligent and liable for the deceased's fatal injuries, awarding damages totaling Kshs. 1,065,282.00.
Facts
The deceased, Edward Nekono Barasa, was a casual Igot Processor employed by the defendant, Devki Steel Mill Ltd. On August 16, 2003, while oiling the moulds, the chain attached to the crane broke, causing the moulds to fall and resulting in the deceased's fatal injuries.
Issues
- Negligence of the employer
- Statutory duty of care
- Damages for pain and suffering
- Loss of dependency and expectation of life
Reasoning
The court held the defendant was negligent and in breach of statutory duties, leading to the fatal accident. The claimants were awarded damages for pain and suffering, loss of dependency, and loss of expectation of life.
Outcome
Claimants' appeal upheld, judgment for Kshs. 1,065,282.00
Orders
- Judgment for the claimants in the sum of Kshs. 1,065,282.00
- Claimants to have costs and interest at Court rates
Remedies
- Damages for pain and suffering
- Loss of dependency
- Loss of expectation of life
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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