[2017] KEELRC 1086 (KLR)
The court found that the claimant was an employee of the respondent and suffered chemical burns to his right foot while performing duties assigned by the employer. The respondent failed to provide a safe working environment and did not contest the claim. The claimant's evidence, including a medical report and sick...
Source-derived case information.
- Citation
- [2017] KEELRC 1086 (KLR)
- Parties
- Claimant: Samson Odiwuor Obonyo; Respondent: Insight Management Consultants Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 919 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim allowed in part
- Legal Topics
- Workplace Injury, Employer Liability, Compensation for Injury, Special Damages, General Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Odiwuor Obonyo
Claimant
Insight Management Consultants Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant suffered injury in the course of employment due to the respondent's actions or omissions.
- 2 Whether the respondent is liable to compensate the claimant for injuries sustained at the workplace.
- 3 What quantum of damages is appropriate for the injuries suffered by the claimant.
Ratio Decidendi
The court found that the claimant was an employee of the respondent and suffered chemical burns to his right foot while performing duties assigned by the employer. The respondent failed to provide a safe working environment and did not contest the claim. The claimant's evidence, including a medical report and sick sheets, was unchallenged and credible. The court held that the respondent was liable for the injuries sustained by the claimant in the course of employment. Special damages for medical expenses were awarded as specifically pleaded and proved. General damages were assessed with reference to comparable cases, notably Umar Shibachi Omurunga v. Wildfire Flowers Limited, and adjusted...
Court Disposition
claim allowed in part
Orders
- Special damages of Kshs. 2,000 awarded to the claimant.
- General damages of Kshs. 200,000 awarded to the claimant.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 919 OF 2016
BETWEEN
SAMSON ODIWUOR OBONYO.........................................................CLAIMANT
VERSUS
INSIGHT MANAGEMENT CONSULTANTS LIMITED................RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Stephen Oddiaga & Company Advocates for the Claimant
No appearance for the Respondent
_____________________________
JUDGMENT
1. The Claimant filed his Statement of Claim on 5th December 2016. He states he was an Employee of the Respondent. He was asked by his Employer to clean some water at the factory in Changamwe Mombasa, on 20th July 2016. The water was contaminated with some chemicals or acid. His right foot got burnt in the process of cleaning. He prays for special damages of Kshs. 2,000; General Damages; Compensation; Costs; and Interest.
2. The Respondent did not enter appearance or file any form of Response to the Claimant. There is no challenge to the jurisdiction of the Court in hearing this work injury Claim, as a Court of first instance. There is no legal ground for the Court to decline jurisdiction, the subject matter being a labour and employment issue, between an Employer and an Employee. The Claimant was heard on formal proof on 23rd March 2017. He restated the contents of his Pleadings in his evidence, and produced among other documents a Medical Report prepared by Dr. Ajoni Adede dated 7th September 2016, confirming he suffered chemical burns as a result of a factory accident. He was charged Kshs. 2,000 by the Doctor for the Medical Report. He also relies on Sick Sheets issued to him by the Respondent over the period of the accident.
3. The Court is satisfied that the Claimant has formally proved his case to the required standard. He prays for general damages at Kshs. 250,000 relying on the High Court Civil Appeal between Umar Shibachi Omurunga v. Wildfire Flowers Limited [2012] e-KLR.Omurunga suffered chemical burns and was awarded Kshs. 150,000 in the year 2012.
4. The Claimant did not however support his prayer for an order for adequate compensation. Damages granted are sufficient. He did not in his Submissions show the Court under which legal regime, this prayer for separate adequate compensation, is made.
IT IS ORDERED:-
a) Special Damages allowed at Kshs. 2,000.
b) General Damages allowed at Kshs. 200,000.
c) Costs to the Claimant.
d) Interest granted at 14% per annum from the date of Judgment till payment is made in full.
Dated and delivered at Mombasa this 23rd day of June 2017
James Rika
Judge