Cleaner wins 14-year case against former employer Farmland Aviation

Isaac Njuguna went blind and developed a skin disease as an effect of exposure to chemicals as he cleaned tanks used for mixing pesticides. [Kipsang Joseph, Standard]

A cleaner has won a 14-year case in which he sued an aviation company for negligence after he was blinded by chemicals.

Isaac Njuguna sued Farmland Aviation in 2007 for compensation after the chemicals also caused him a rare skin condition called Stephen Johnson Syndrome, which saw his dermis and epidermis separated.

Mr Njuguna’s work involved cleaning tanks inside aircraft in which pesticides and herbicides were mixed for spraying crops.

In a judgement last Wednesday, the Court of Appeal overturned an earlier ruling by the High Court that found the defendant not guilty of negligence.

Court of Appeal judges Philip Waki, Roselyn Nambuye and Patrick Kiage found conclusions reached by Justice David Maraga, who was a High Court judge at the time, that the applicant had not proved negligence were erroneous.

General damages

In his application, Njuguna demanded Sh10 million in general damages.

Mr Maraga’s judgement said Njuguna, who had worked for the firm for only one year when his problems began in 2004, did not prove his case.

Njuguna’s skin peeled off and his toe and finger nails disappeared. A medical report by a Dr Owen Ogony dated April 27, 2006, detailed the effects of the chemicals the cleaner was exposed to.

“He had lost finger and toe nails. His left eye was blind while there was poor vision in the left,” read the report.

Another report by Dr Joseph Aluoch dated November 7, 2007 recorded a severe skin reaction, with eruptions involving the eyes and eventually the whole body.

The three appellate judges said Farmland Aviation was responsible and in control of safety measures involving the chemical-spraying tanks.

This meant it was the firm’s duty to give advice, instructions and orders, and take precautions about dangers the chemicals posed and likely to be encountered by employees.

The court found the overall coat and pair of gumboots Njuguna was given for his safety to be inadequate.

“An overall coat and gumboots were woefully inadequate to keep him safe. The respondent did not bring any evidence of any safety precautions and instructions it provided to the appellant in this regard,” read the judgement dated March 14, 2018

The court established Farmland Aviation breached its duty to provide a safe place of work and systems of working for its employee.

Not negligent

“It is therefore our finding that the trial judge’s finding that the respondent was not negligent or in breach of its statutory duty, and that the appellant was solely to blame for the injuries was erroneous,” read the judgement.

The Court of Appeal set aside the High Court judgement dated November 10, 2011 and allowed Njuguna’s claim on the basis of 100 per cent liability against Farmland Aviation.

The court consequently referred the matter back to the High Court in Nakuru for assessment and award of damages.

Through lawyer Gor Kisila, Njuguna sought general damages and special damages. He also wants the company to take care of his future medical expenses.

Farmland Aviation denied the claims and pleaded contributory negligence on the part of its employee.

It refuted the claims that injuries Njuguna suffered were as a result of exposure to chemicals and maintained the complainant was provided with protective gear.