Kenya Steel Fabricators Limited v Tom Moki [2018] KEHC 9488 (KLR)
- Court
- High Court of Kenya
- Case number
- 9488
- Citation
- [2018] KEHC 9488 (KLR)
- Decided
- 27 September 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureFirst appeal from a judgment of Hon. C Obulutsa, SPM in Milimani Commercial Court CMCC No 5980 of 2009.CoramAburili, KLR Sergon, Majanja, Makhandia, R.MWONGO, Ringera
Holding
The award of Kshs. 350,000/= for 4% permanent disability is excessive and the learned magistrate's award is set aside.
Facts
The Plaintiff, Tom Moki, was a welder for Kenya Steel Fabricators Limited. On November 25, 2008, while changing gutters at the workshop, he was injured when a gutter broke and hit his hand, fracturing his right index finger.
Issues
- The award of Kshs. 350,000/= for 4% permanent disability is excessive.
- The learned magistrate failed to consider the defendant's evidence and submissions.
- The learned magistrate erred in apportioning liability at 100% against the defendant.
Reasoning
The court found that the defendant had provided protective gear, but the plaintiff did not wear it, leading to contributory negligence.
Outcome
The appeal is upheld.
Orders
- The award of Kshs. 350,000/= is set aside.
- The case is remanded for a new trial to determine the appropriate amount of damages.
Authorities cited
Cases cited (7)
- Francis Kanake v AG HCCC 2036 of 1992
- Joseph Mbiria v Jamlick Kirimi HCCC 866 of 2001
- Simba Posho v Fred Muchira CA 65 of 2000
- Joseph Wahome v Municipal Council of Nyeri HCCC 2 of 2006
- Olouch Eric Gogo v Universal Corporation Ltd [2015 eKLR]
- Francis Ochieng and Another v Alice Kajimba [2015 eKLR]
- Isaac Katambani Iminya v Firestone East Africa(1969) Ltd [2015] eKLR
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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