Case law
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Division and case type: High Court CivilCivil Appeal
…A person may suffer partial or total disability. Whereas Dr.…
…Morebu's medical certificate provides that the Plaintiff suffered partial disability, the policy only covered permanent total disability and not partial disability.…
Division and case type: High Court DivCivil Appeal
…Kisrio did not indicate any degree of permanent disability.…
…Joshua Kisrio did not assess permanent disability. The appellant however intended to rely on the medical report by Dr. Z. Gaya which assessed permanent disability at 30%.…
Division and case type: CivilCivil Appeal
…In the instant case there was no question of disqualification or disability.…
…It was argued that the deportation order was a disqualification or disability.…
Division and case type: High Court DivCivil Appeal
…I however note that disability was assessed at 8%, not 35%.…
…at low disability. 30.…
Division and case type: High Court DivCivil Appeal
…She emphasized that disability assessment of 40% by Dr.…
…A perusal of the record reveals that the Appellant’s injuries consisted of one compound fracture, soft tissue injuries, mild concussion, and disability between 20–40%.…
Division and case type: High Court DivCivil Appeal
…Soft-tissue injuries on the face and left handvii. 40% permanent disability (as per Dr. Omuya) 8.…
…I find that the trial court was therefore entitled to rely on the uncontroverted disability assessment. 16.…
Division and case type: High Court DivCivil Appeal
…They include the age and qualifications of the plaintiff, his remaining length of working life, his disabilities, previous service, if any, and so on. 24.…
…The first medical examination was done 10 months after the accident and assessed his permanent disability at 40%. It also found that he was not walking normally and that the disability may affect his work.…
Division and case type: High Court DivCivil Appeal
…Obondi had assessed disability at 20%. Although Dr. James Obondi noted that the respondent sustained 20% permanent disability, the medical report by Dr. Sokobe was that the respondent was healing well.…
…The plaintiff did not give any evidence on the assessment of permanent disability. Therefore, the trial magistrate erred in considering the percentage of disability assessed by Dr Obondi.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He assessed permanent disability at 28%. Dr.…
…He assessed permanent disability at 30%.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Thus, the doctor assessed permanent disability at 12% as opposed to the 40% that had been assessed earlier.…
…The doctor opined that this would affect him throughout his life and awarded 15% permanent total disability.…
Division and case type: High Court CivilCivil Appeal
…Permanent disability was assessed at 8%. The court affirmed an award of Kshs. 1,500,000.00 as general damages.…
…From the subsequent medical report, the Respondent’s injuries had fully healed without and disability.…
Division and case type: High Court CivilCivil Appeal
…Accordingly, it is my opinion that the appellant sustained soft tissue injuries that led to a 15% permanent disability. 19.…
…It is my opinion that the trial magistrate failed to consider the aspect of the appellant’s permanent disability. 20.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Mwaura the respondent suffered severe skeletal injuries and permanent disability was assessed at 5% as the respondent could not perform his duties for at least 18 months.…
…The injuries sustained by the respondent were largely not contested save for the degree of permanent disability.…
Division and case type: High Court DivCivil Appeal
…According to the appellant, there was no permanent disability. On that basis, the appellant proposed a sum of Kshs. 1,000,000/= as fair compensation.…
…Total permanent disability was assessed at between 30 and 35% by two doctors. She was awarded Kshs.1,300,000/= in 2014 for pain and suffering.…
Division and case type: High Court DivCivil Appeal
…He assessed permanent disability at 5%, with maximum rehabilitation taking 15 to 18 months. b) The other is by Dr.…
…Muhanda’s report, concluding that the permanent disability had “ceased since the plaintiff has fully healed.” 9.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He assessed disability at 18%.…
…The award of the trial magistrate does not reflect an award in which the appellant sustained two fractures with 18% permanent disability.…
Division and case type: High Court DivCivil Appeal
…Post-trauma sternitis due to contusion of the sternum The doctor assessed combined permanent disability of (a) and (b) at 40% while that of (c) and (d) at 9%.…
…The medical report indicates that the respondent sustained no fracture, however, the soft tissue injuries sustained were serious and resulted in permanent disability.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It totally failed to take into account other injuries like:multiple deep burns per medical report. total blindness in one eye 100% disability.…
…Wambugu assessed permanent disability at 30%.…
Division and case type: High Court CivilCivil Appeal
…Kahuthu assessed permanent disability at 20% and noted that the Appellant will not need future medical attention. 5.…
…The justification for the award when the plaintiff is employed is to compensate the plaintiff for the risk that the disability has exposed him of either losing his job in future or in case he loses the job, his diminution…
Division and case type: High Court DivCivil Appeal
…The Respondent further provided a Medical Assessment Report for Persons with Disabilities from the Ministry of Health.…
…His permanent disability was assessed as 50%.…