REPUBLIC
OF KENYA
IN
THE HIGH COURT OF KENYA AT.............
CIVIL
SUIT NO………..OF 2015
PETER KIAMUNGE………………………………………………………….PLAINTIFF
VERSUS
KIAMBOGO SOLAR AND LIGHTING CO MPANY
LTD…………………DEFENDANT
PLAINT
1.The Plaintiff is an adult male of sound mind
residing and working for gain in Nairobi. His address for the purposes of this
suit is Care of Gataka & Co. Advocates, Tembo House, 3rd Floor, Moi Avenue.
P.O. Box 44 Nairobi.
2.The Defendant is a state corporation established
under the State Corporations Act, Cap 446, Laws of Kenya and was at all
material times carrying out the business of transmission, distribution and
retail of electric power within the Republic of Kenya. Service of process shall
be effected through the plaintiff’s Advocates office.
3.The plaintiff was at all material times or until the
material date employed by the defendant as a meter reader under contractual
terms and stationed at Stima Plaza within Nairobi’s upmarket Parklands area.
4.On or about the 23rd day of November
2017,the plaintiff was in the course of his said employment riding his
motorcycle Reg No. KCY XXX-Y along Museum Road on his way to read a meter at
the University of Nairobi’s Main Campus. While approaching Museum Bridge, a
snake slithered onto the road and the plaintiff applied the brakes but which
failed; whereforth he swerved, hit the sidewalk and fell over the bridge into
the Nairobi River, about thirty feet below, in consequence whereof he sustained
injuries and has suffered loss and damage.
PARTICULARS OF INJURY
i) Multiple injuries to the head
ii) Dislocation of both knees
iii) Loss of four lower teeth.
PARTICULARS OF SPECIAL DAMAGES
i) Medical
Report -
Kshs 3,000
ii) Treatment expenses - Kshs 657,000
iii) P3
Form -
Kshs 1,000
TOTAL –
Kshs 661,000
And the plaintiff claims damages.
5. It was an implied term of the contract of
employment between the plaintiff and the defendant and/or it was the duty of
the defendant to take all reasonable precautions for the safety of the
plaintiff while he was engaged upon his work, not to expose the plaintiff to a
risk of damage or injury which they knew, or ought to have known, to provide
and maintain in good condition his working implements and safety gear to enable
the plaintiff to carry out his work in safety.
6.The said injuries, loss and damage were occasioned
to the plaintiff by a reason of the negligence and/or breach of duty or breach
of contract of employment and of the terms therein on the part of the
defendants, their servants or agents.
PARTICULARS OF NEGLIGENCE
(a) Failing to take any or adequate precautions for
the safety of the plaintiff while he was engaged upon the said work.
(b) Exposing the plaintiff to a risk of damage or
injury of which they knew or ought to have known.
(c) Failing to provide adequate and suitable working
gear and equipment including a helmet, kneepads, safety jacket, and gloves to
ensure the safety of the plaintiff while carrying out his work.
(d) Failing to carry out repairs and regular
maintenance on the motorcycle the plaintiff was expected to use in carrying out
his employment and, further, causing or permitting the plaintiff to carry out
the said work when they knew, or ought to have known or must have known that
the motorcycle could cause an accident and that it was unsafe and dangerous for
the plaintiff to continue using it in the course of his employment.
(e) Negligently or otherwise failing to carry out
repairs on the braking system and the accelerator of the said motorcycle even
when the plaintiff had, on several occasions brought the defects to the
attention of the defendant and/or his servants and agents through the
prescribed channels.
PARTICULARS OF BREACH OF CONTRACT
(a) The defendant wrongfully terminated the contract
between them and the plaintiff before it’s date of expiry had been arrived at.
(b) The defendant deliberately or otherwise failed to
give the plaintiff the twenty eight day Notice prescribed under Section 14 (5)
of The Employment Act, Cap 226,Laws of Kenya, or any reasonable notice before
terminating his contract of employment.
7.That as a result of the injuries sustained and the
summary dismissal effected upon him by the defendant, the plaintiff has further
suffered less of earning capacity. At the time of the accident, the plaintiff
was earning a salary of Kshs 19,000.
8.Despite demands being duly made and Notice of
intention to Sue being given, the defendant has refused, failed, and/or
neglected to make good the plaintiff’s claim.
9.There is no other suit pending in any other court
and there have been no previous proceedings in any court between the plaintiff
and the defendant over the same subject matter.
10.The jurisdiction of the court is admitted.
REASONS WHEREFORE the plaintiff prays for judgment against the
defendant for: -
1. a)
General damages
b)
Special damages – KShs 661,000
c)
Costs
d)
Interest.
2.A declaration that the plaintiff be immediately and
unconditionally reinstated to his place of employment under the terms
negotiated in the contract of employment.
Dated at NAIROBI this………..Day of
……………………2005.
………………………………………………………………..
GATTAKA
& COMPANY ADVOCATES
ADVOCATES
FOR THE PLAINTIFF
DRAWN AND FILED BY: -
GATAKA & CO. ADVOCATES
TEMBO HSE, 3rd FLOOR
P.O. BOX 44
NAIROBI.
TO BE SERVED UPON: -
KIAMBOGO SOLAR AND LIGHTING COMPANY LTD
P.O. BOX 51
NAIROBI.
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