Kenya Power & Lighting Company Limited v Kassim Wekhoba Toloi & another [2019] KEELRC 2454 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2454
- Citation
- [2019] KEELRC 2454 (KLR)
- Decided
- 24 January 2019
The court finds that the 2nd Respondent, Kenya Power & Lighting Company, did not have a duty to provide information to the public about the danger of electricity and that the responsibility for the live wires being at the scene of the accident lay with the employer, Sino Hydro Corporation Limited.
Facts
The Plaintiff, Kassim Wekhoba Toloi, was an employee of Sino Hydro Corporation Limited. He was assigned to clear logs of woods that had blocked a bridge under construction. While operating a crane, he inadvertently touched an overhead power cable, resulting in electrocution.
Issues
- Responsibility for the live wires being at the scene of the accident
- Employer's duty to ensure the site was safe before sending the employee to carry out the works
Reasoning
The court re-evaluated the evidence and found that the learned magistrate erred in finding the 2nd Respondent responsible for the live wires being at the scene of the accident. The court concluded that the employer's duty to ensure the site was safe before sending the employee to carry out the works was not met.
Outcome
Affirmed
Authorities cited
Cases cited (2)
- Selle –VS- Associated Motor Boat Company [1968] E.A 123
- Jabane –VS- Olenja [1986] KLR 601
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