Employment and Labour Relations Court at Machakos ELRC

CHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU

Division and case type: Employment and Labour Relations Court·Appeals

The appeal arises from a 2016 industrial accident claim where the Respondent sought general and special damages for injuries sustained during employment. The Trial Magistrate awarded Kshs.600,000/- in general damages, Kshs.3,000/- in special damages, and costs. The Appellant appealed, arguing the award was excessive for soft tissue injuries with no residual disability, citing comparable cases awarding Kshs.100,000/- to Kshs.150,000/- for similar injuries. The Court found the award inordinately high and substituted Kshs.300,000/- as general damages, upholding the rest of the judgment.