A 27-year-old man who sustained injuries at his workplace in Meru County was on Monday, July 24, relieved after a Nyeri Court awarded him Ksh11.8 million in damages and compensation.
The incident occurred at a construction site in Meru County, where the young man was operating a faulty grader before sustaining serious injuries.
He later sued the employer for allowing him to work with a defective machine and for neglecting to furnish him with the necessary protective gear.
In the ruling delivered by Judges Hannah Okwengu, Asike Makhandia, and Jamila Mohammed, the court observed that the young man sustained serious injuries on his head and legs that changed his life, adding that he deserved the award.
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“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.
The court awarded the victim Ksh 3 million for pain, suffering, and loss of amenities, Ksh8.8 million for loss of earning prospects and earning capacity, and Ksh5,000 as special damages.
On the other hand, the employer claimed that the employee worked with the machine for six months and had never complained of any issue, adding that he was responsible for his own safety.
The employer further told the Court that after the incident, the young man went ahead to apply for other jobs and enrolled in a school. However, the judges ruled it was up to the employer to present witnesses in court to substantiate their argument.
