JUDGMENT
Potter JA This is a second appeal from the conviction of the appellant company by a second class district magistrate in Mombasa on a charge of causing the death of a workman through contravention of Sections 75 and 53 of the Factories Act (Cap 514) (herein referred to as “the Act”). The appellant was fined Kshs 2,000.
The particulars of the offence charged were in effect that on the night of March 27-28, 1979, one Wilfred Rawago employed at the appellant’s factory at Changamwe died as result of inhaling a dangerous gas while he was working at the top of tank No 601. The death was alleged to be a consequence of the failure of the appellant to provide the deceased with a breathing appliance, in contravention of its duty under Section 53 of the Act. Section 75 of the Act, so far as relevant, is as follows:
“75. If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act, the occupi…