Bamburi Cement Limited v Kikungu & another (Appeal 14 of 2020) [2022] KEELRC 13302 (KLR) (28 November 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13302
- Citation
- [2022] KEELRC 13302 (KLR)
- Decided
- 28 November 2022
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Resident MagistrateCoramMA ONYANGO, Kemei, Wendoh
The Court sets aside the apportionment of liability at 50:50 between the Appellant and the 2nd Respondent and orders that the 2nd Respondent is solely liable to pay general and special damages to the 1st Respondent.
Facts
The 1st Respondent, Munyao Kikungu, was employed as a casual labourer by Nairobi Keen Kleeners Limited. While lifting a heavy metal plate on April 22, 2008, the plate slipped and crushed his right middle finger. He alleged the injury was due to the Appellant's and 2nd Respondent's failure to maintain a safe system of work and provide proper protective clothing.
Issues
- Joint and several liability between the Appellant and 2nd Respondent
- Quantum of damages awarded by the trial court
- Appellant's liability for the injury sustained by the 1st Respondent
Reasoning
The Court finds the Appellant jointly liable with the 2nd Respondent for the injuries sustained by the 1st Respondent, but sets aside the apportionment of liability and orders sole liability on the part of the 2nd Respondent.
Outcome
The 2nd Respondent is ordered to pay general and special damages to the 1st Respondent as awarded by the trial court.
Orders
- The 2nd Respondent is ordered to pay general and special damages to the 1st Respondent as awarded by the trial court
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