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Kreative Roses Limited v Olpher Kerubo Osumo [2014] KEHC 6835 (KLR)

[2014] KEHC 6835 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6835
Citation
[2014] KEHC 6835 (KLR)
Decided
28 February 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damagesCoramH.A OMONDI
Holding

The court found the employer liable for failing to provide a safe work environment and reduced the special damages award.

Facts

Respondent Olpher Kerubo Osumo alleged she was injured while collecting cockpit at Kreative Roses Limited's greenhouse. She blamed the employer for lack of protective clothing and a safe work environment.

Issues

  1. Was the employer liable for the respondent's injuries?
  2. What were the appropriate damages to award?

Reasoning

The court found the respondent was injured while on duty and the employer was responsible for the lack of safety measures. Special damages were reduced from Kshs.10,000 to Kshs.3,000.

Outcome

Appeal successful on special damages, dismissed on other grounds.

Orders

  • Special damages reduced from Kshs.10,000 to Kshs.3,000

Authorities cited

Cases cited (2)
  • Kemfro Africa Limited t/a “Meru Express services” V. Lubia & Another (No.2) (1987) KLR 30
  • Kigaragari V. Aya (1982-1988) 1 KAR 768
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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