A Kenyan worker has been awarded Sh1.2 million in compensation after a court found a Chinese road builder liable for injuries he sustained in an industrial accident at Mtito Andei a decade ago.
The Makindu principal magistrate’s court, in a decision later upheld on appeal, ruled that the company had been negligent in failing to provide a safe working environment.
The case arose from an accident in December 2015, when the worker, then employed as a tyre repair attendant, was inflating a heavy vehicle tyre belonging to the company.
Court records indicate that the tyre burst suddenly due to a puncture, and the force propelled a piece of timber lying beneath it.
The timber struck the worker’s right hand, causing a fracture. He was rushed to the hospital, where he underwent treatment but was left with a permanent functional disability of about 20 per cent.
The worker testified that there had been no safety cage to contain such bursts despite his repeated proposals that one be installed to protect staff from foreseeable accidents.
In his lawsuit filed in 2017, the worker accused the company of negligence, citing failures to provide a safe system of work, protective equipment, and properly maintained tools.
He sought general and special damages as well as costs of the suit.
“The record indicates that the defendant (company) was served with a summons to enter appearance and a plaint (legal complaint), but failed to enter appearance and file a statement of defence. Consequently, upon request by the plaintiff (worker), the court entered an interlocutory judgment against the defendant,” stated the judgement.
This only left the question of damages to be determined.
At the formal proof hearing, the worker adopted his statement and produced medical evidence detailing his injuries, recovery process and long-term incapacity.
He told the court that his ability to work as a tire repairer had been severely compromised.
The magistrate found that the worker had proved his case on a balance of probabilities.
Citing established precedent, the court ruled that once an interlocutory judgment is entered, liability is no longer open to challenge and the role of the court is confined to assessing damages.
The magistrate noted that the injuries were severe, the disability permanent and the impact on the worker’s earning capacity significant.
On damages, the court awarded Sh800,000 in general damages for pain, suffering and loss of amenities.
“Given the age of the awards in the above authorities, coupled with the vagaries of inflation, I find that an award of Sh800,000 in general damages, as proposed by the plaintiff (worker), would suffice. I award the same,” Senior Principal Magistrate Yusuf Shikanda ruled.
The court further awarded Sh400,000 for diminished earning capacity, observing that while the worker had resumed lighter duties, he could not continue his previous work as a tire repairer and faced reduced prospects in the job market.
“Having regard to the degree of incapacity that the plaintiff suffered, the risk of the plaintiff not being able to find employment in the labour market was not substantial. It was minimal,” the magistrate noted.
He also allowed Sh6,000 in proven special damages, bringing the total award to Sh1,206,000 plus interest and costs.
On damages, the judge held that the award was proportionate to the injuries and consistent with comparable cases, noting that courts must strive to achieve fairness without enriching victims or unduly punishing defendants.
“Consequently, interest on general damages shall accrue at court rates from the date of judgment/decree until payment in full, whereas interest on special damages shall accrue from the date of filing suit to the date of judgment," the ruling stated.
With the appeal dismissed, the worker now stands to receive the full Sh1.2 million compensation together with interest accrued since the filing of the suit in 2017.
