Munoko v Finlays Horticulture(K) Limited (Employment and Labour Relations Appeal E072 of 2024) [2026] KEELRC 422 (KLR) (13 February 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 422
- Citation
- [2026] KEELRC 422 (KLR)
- Decided
- 13 February 2026
Summary at a glance
TypeAppealPostureAppeal from the judgment and order of Chief Magistrate Hon. Mr. Abdulqadiri LorotCoramA., AN MWAURE, Aburili
The court finds support for negligence in this case as the Respondent did not provide protective gears to its employees.
Facts
Alice Nangila Munoko filed a claim against Finlays Horticulture(K) Limited over an alleged workplace accident on 5th August, 2015, where she slipped into an uncovered manhole while handling cuttings on slippery ground, aggravating her existing back condition.
Issues
- Whether the trial court erred in law and fact in dismissing the Appellant's case.
- Whether the trial court erred in law and fact in failing to consider the Appellant's evidence.
Reasoning
The court re-examines the evidence and finds that the trial court did not consider the Appellant's evidence, and the Respondent's failure to provide protective gears to its employees supports the claim of negligence.
Outcome
The appeal is allowed with costs.
Orders
- The decision of the Honourable Mr. Abdulqadiri Lorot H.R (CM) delivered on 9th October, 2024 in civil case No. 599 of 2016 as regards to liability to set aside and/or varied is quashed.
- The Respondent is ordered to bear the costs of this appeal.
Authorities cited
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