JUDGMENT
This is a second appeal from the decision of the Magistrates’ Court delivered by Hon. E. K. Usui, Principal Magistrate, in CMCC NO. 7277 of 2012 at Nairobi where the trial court, in its judgment delivered on 6th July, 2016, apportioned liability as between the appellant and the respondent on 90:10 basis and awarded damages in the sum total of Kshs. 4,048,036/-.
Being dissatisfied with the aforementioned judgment, the appellant, Elgon Kenya Limited, preferred an appeal to the High Court of Kenya at Nairobi in H.C.C.A No. 141 of 2003 in which the learned Judge (Njuguna, J).) found that the appeal had merit and apportioned the liability as between the appellant and the respondent at 70:30 and reviewed the damages and awarded a total of Kshs. 2,711,156/= together with costs and interests.
A brief background of this appeal is that, at all material times, the appellant herein ran a factory in Nairobi and had employed the respondent as an assistant machine operator where he sustained i…