James Gichana Ondeu & Josephine Kerubo (suing as the legal administrators of the Estate of the Late Ezekiel Kagwimi Gichana (Deceased) v Kenya Shield Security Limited (Appeal 35 of 2017) [2018] KEELRC 14 (KLR) (17 September 2018) (Judgment)

Facts

The appellant, James Gichana Ondeu, filed an appeal against the dismissal of his case by the trial court. The appellant alleged that the respondent, Kenya Shield Security Limited, breached its duty of care by not providing proper safety equipment to the deceased, Ezekiel Kagwimi Gichana.

Issues

1. Whether the trial court erred in finding that the appellant had not proved his case on a balance of probability
2. Whether the trial court erred in apportioning liability
3. Whether the trial court erred in finding that the respondent was negligent and liable for the deceased's death
4. Whether the trial court erred in not finding that the failure to provide protective devices contributed to the death
5. Whether the trial court erred in not noting the contradictions in the respondent's evidence

Reasoning

The court held that the respondent, Kenya Shield Security Limited, breached its duty of care by not providing proper safety equipment to the deceased, Ezekiel Kagwimi Gichana. The court found that the respondent was liable for the deceased's death.

Outcome

Appeal successful

Authorities cited