Kreative Roses Limited v Olpher Kerubo Osumo [2014] KEHC 6835 (KLR)
- 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
- Was the employer liable for the respondent's injuries?
- 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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