C & P SHOE INDUSTRIES LIMITED V GILBERT KHABELWA [2012] KEHC 2035 (KLR)
- Court
- High Court of Kenya
- Case number
- 2035
- Citation
- [2012] KEHC 2035 (KLR)
- Decided
- 3 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and orders of the Chief MagistrateCoramD A ONYANCHA
Holding
The appeal is dismissed with costs, with the damages reduced by 5% to Ksh.945,530.25.
Facts
Respondent Gilbert Khabelwa was an employee of C & P Shoe Industries Limited. He was injured on 30th January, 1999, while operating a new and unfamiliar machine. His right hand was crushed, resulting in permanent loss of 60% use.
Issues
- Negligence of the employer
- Excessive general damages
- Justification of lost earnings award
Reasoning
The court finds the employer in breach of its duty of care, but shares 5% of the blame with the employee. General damages are upheld, but lost earnings are reduced.
Outcome
Appeal dismissed with costs
Orders
- Damages reduced to Ksh.945,530.25
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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