JUDGMENT OF THE COURT
1. The appeal herein arises from a claim before the Employment & Labour Relations Court at Nakuru, in which the respondent sued the appellant for breach of duty to provide a safe workspace. After the matter had been heard, judgment was delivered on 10th November 2011.
2. Being dissatisfied with the judgment, the appellant appealed to this Court in Civil Appeal No. 269 of 2012. By the judgment dated 14th March 2018, this Court found the appellant to be 100% liable for breach of duty and remitted back to the trial court for the assessment and award of damages.
3. When the matter came up before the learned Judge, the court invited parties to address court on the issue of quantum.
4. The respondent’s case was that the suit was filed on 15th October 2010, and the court should take cognizance of the change in economic realities when making the award, bearing in mind that 8 years had passed and that he was only 34 years old. The respondent pointed out that whereas an award …