Richard Moguche Arati v Menengai Oil Refineries Ltd [2019] KEELRC 1106 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1106
- Citation
- [2019] KEELRC 1106 (KLR)
- Decided
- 28 March 2019
Summary at a glance
TypeAppealPostureAppeal from a judgement dismissing the appellant's claim for damages for injuries sustained at workCoramHon. J Mwaniki
The court finds that the appellant was not an employee of the respondent at the time of the injury and that the injury was due to the appellant's own negligence.
Facts
The appellant, Richard Moguche Arati, alleges he was injured on August 23, 2008 while arranging timber for the respondent, Menengai Oil Refineries Ltd. He claims the injury was due to the respondent's negligence and breach of his employment contract. The appellant testified he was employed as a general worker and was injured while on duty.
Issues
- Whether the appellant was an employee of the respondent at the time of the injury
- Whether there was negligence or breach of a statutory duty
- Whether there was proof to the required standard
Reasoning
The court re-evaluated the evidence and found that the appellant was not an employee of the respondent and that the injury was due to his own negligence.
Outcome
The appeal is dismissed with costs to the respondent.
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