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Joseph Maraka Adoro (minor suing through the uncle and next friend Adrew Adoro Maraka), plaintiff versus Paul Njogo Kihara: Kenya High Court, 2005

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Date December 29, 20152:46 pm
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Summary

The Applicant here brings a claim against his employer on behalf of his minor son aged 9 years who whilst working at the defendant’s farm got injured and lost his left forearm.

The plaintiff’s father seeks, on behalf of the minor damages, future medical expenses, costs interest and any other relief that the court may deem fit to grant.

The Court mentioned that the case is a tort case. “It is not a matter of whether the defendant had ordered the minor to work or not. To my mind there is nothing wrong for children to work to earn a vocation during their spare time in order that they become responsible citizens. A child who works does so as part of her or his education. Where, on the other hand, the work exceeds the children’s rights to education, to play and the rights to their basic rights then this becomes child labour and as such who ever is responsible should be compelled to stop and if they don’t are to be punished.”

The Court held in favour of the plaintiff awarding special damages in regard to hospital bills etc.

Republic of Kenya: In the High Court of Kenya at Nairobi: Civil Case 238 of 2004: Joseph Maraka Adoro (minor suing through the uncle and next friend Adrew Adoro Maraka), plaintiff versus Paul Njogo Kihara, respondent: judgment