Munywoki Kilele Festus v Canton Enterprises Limited [2020] KEELRC 1163 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1163
- Citation
- [2020] KEELRC 1163 (KLR)
- Decided
- 29 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision on liability, with damages and termination of employment issues pendingCoramPresiding Judge
Holding
The court found that the claimant was employed by the respondent on September 18, 2013, and awarded him Ksh 450,000 in general damages for pain and suffering.
Facts
The claimant, Munywoki Kilele Festus, was employed by the respondent, Canton Enterprises Limited, as a mason. On September 18, 2013, he suffered a hand injury while working with a tool. His employment was terminated two months later.
Issues
- Whether the claimant was employed by the respondent on 18/9/2013 when he suffered bodily injury.
- What is the quantum of damages payable to him for the injuries suffered.
- Whether his employment was unfairly terminated by the respondent.
- Whether he is entitled to damages for unfair termination.
Reasoning
The court considered the medical reports and judicial precedents to determine the appropriate quantum of damages.
Outcome
The claimant was awarded Ksh 450,000 in general damages for pain and suffering.
Orders
- Judgment on liability entered in favour of the claimant on 70% of the worker injury claim.
- Damages for the injury claim and termination of employment issues to be resolved by written submissions based on the documents on record including medical reports.
Remedies
- General damages for pain and suffering
Authorities cited
Cases cited (3)
- Kimathi Mbuvi Case
- Luka Osoro & another v Daniel K Cheruiyot
- Atanas Isoso v National Water Conservation
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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