- The High Court in Bomet upheld a KSh 2.5 million compensation awarded to Zacharia Kibet Yegon, who was injured in a road accident
- Yegon had earlier sued Kenpoly at the Bomet Senior Principal Magistrate’s Court, which awarded him general, special, and future medical damages
- Kenpoly appealed the decision, arguing that the KSh 2.5 million in general damages was excessive
Elijah Ntongai, an editor at TUKO.co.ke, has over four years of financial, business, and technology research and reporting experience, providing insights into Kenyan, African, and global trends.
The High Court in Bomet has upheld a KSh 2.5 million compensation awarded to a man who sustained multiple fractures and injuries in a road accident.
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The man sued Kenpoly Manufacturers Limited for compensation, a decision that the manufacturer appealed later.
“Being aggrieved with the judgement of the trial court, the Appellant filed its Memorandum of Appeal dated 13th June 2023 appealing against the award on general damages which it termed as excessive,” read the court documents seen by TUKO.co.ke.
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Justice Julius Ng’arng’ar dismissed the company’s appeal, which sought to have the amount reduced.
The judge ruled that the award granted by the lower court was fair and proportionate to the severity of the injuries suffered by the victim, Zacharia Kibet Yegon.
Why was yegon awarded KSh 2.5 million?
The case stemmed from a traffic accident that occurred on January 24, 2022, after which Yegon sued Kenpoly Manufacturers at the Bomet Senior Principal Magistrate’s Court seeking general and special damages.
The trial court, presided over by Magistrate Kiniale L., awarded him KSh 2.5 million in general damages, KSh 306,970 in special damages, and KSh 300,000 for future medical expenses in a judgement delivered on May 8, 2023.
Yegon had suffered serious injuries, including fractures on both femurs, a compound tibia fracture, bilateral radio-ulna fractures, a head injury, a chest contusion, blunt trauma to the back, and facial bruises.
Kenpoly’s appeal
Kenpoly appealed the decision, arguing that the general damages were excessive and proposed a reduction to KSh 1.6 million.
The company presented its appeal and relied on several previous court decisions to support its position and cited medical reports showing differing assessments of Yegon’s level of disability, one at 50% and another at 10%.
In his defence, Yegon maintained that the award was reasonable and based on sound legal principles.
His lawyer also told the court that the trial magistrate had appropriately considered the economic realities of the time, including inflation and the declining value of the shilling, when determining the compensation.
High Court dismisses appeal
After reviewing the case, Justice Ng’arng’ar found that the lower court had properly evaluated the evidence and applied the law correctly.
He cited precedent establishing that appellate courts should only interfere with damages if a trial magistrate acted on wrong principles or awarded an amount that was plainly unreasonable, neither of which applied in this case.
“The KSh 2.5 million awarded as general damages by the trial court was not excessive and was commensurate to the injuries sustained,” the judge ruled.
Comparing similar past cases where victims with comparable injuries were awarded up to KSh 3 million, the judge concluded that the Bomet magistrate’s award fell within acceptable limits.
Consequently, the High Court dismissed Kenpoly’s appeal in its entirety and ordered that each party bear their own costs.
Compensation for unfair termination
In other news, the Employment and Labour Relations Court in Nairobi ordered G4S Kenya Limited to pay former employee David Mutisya over KSh 2 million for unfair termination after serving the company for 25 years.
Justice Stella Rutto ruled that G4S violated Mutisya’s rights through a biased and procedurally flawed disciplinary process.
The court found that his dismissal for alleged insubordination lacked valid justification and failed to meet legal fairness standards.
Mutisya, who rose from Personnel Records Clerk to Resourcing Manager, was accused of failing to submit performance appraisals and properly coordinate interviews but argued the disciplinary hearing was biased and introduced new accusations without notice.
The court awarded him KSh 354,839 in lieu of notice, KSh 1.4 million in compensation, and KSh 283,871 for accrued leave, totalling KSh 2,058,071, and ordered G4S to issue a certificate of service within 14 days.
Source: TUKO.co.ke
