The Court of Appeal sitting in Nyeri on Monday, July 24, awarded Ksh11.8 million in damages and compensation to a man who sustained injuries at their workplace in Meru County.
In the ruling delivered by Judges Hannah Okwengu, Asike Makhandia, and Jamila Mohammed, the victim was found to have suffered severe injuries that justified the award.
The incident took place at a construction site in Meru County, where the victim was operating a faulty grader. In the aftermath of the unfortunate event, the victim held the employer responsible for allowing him to work with a defective machine and for neglecting to furnish him with the necessary protective gear.
"It is upon this that the trial court concluded that by reason of the injury attributable to the appellant, the respondent lost employment and then suffered diminished capacity to ever get alternative or similar employment," read part of the court documents.
Based on the court documents, the 27-year-old young man was described as a highly promising talent whose life took a drastic turn due to the injuries.
"To understand the nature of injuries suffered by the respondent, reliance was placed on the medical report by a doctor which indicated that the respondent sustained serious injuries on his head and legs," read part of the documents.
In their submissions, the employer contested the case observing the employee had used the grader for at least six months and had never complained of any issues.
The employer further submitted that the victim was responsible for ensuring his own safety and health, as well as those of other employees who might be affected by his workmanship.
According to the employer, the judges erred by observing that the employee was 65 per cent incapacitated claiming the employee went ahead to apply for other jobs and enroll in a school.
However, the judges ruled it was up to the employer to present witnesses in court to substantiate their argument.
"Had this been done, then the trial court would have had a task of balancing and appreciating the various medical reports," the judges held.
Breakdown of Award
For pain, suffering, and loss of amenities, the employee was awarded Ksh 3 million.
The employee was also awarded Ksh8.8 million for loss of earning prospects and earning capacity. The court also awarded the employee Ksh5,000 as special damages.
