<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant, Cosmo Plastics Limited, owned several printing machines at its factory premises in Nairobi. The respondent, Stephen Kiamba Nzuva, was at the relevant time an employee of the appellant and was working as a fitting machine operator. By the time he appeared in the superior court he was 39 years old. He had joined the appellant company in July 1995. On 2^nd September 1999, he reported on duty as usual and was allocated machine No. 5 – a six column machine. He worked on that machine from 8.00 a.m. till 11.00 a.m. when his supervisor removed him from that machine and sent him to work on machine No. 2, a four column machine known to the workers there as P2. He was required to fix a roller on that machine. He said in evidence that though that type of machine is normally operated by two people – an operator and his assistant - on that day he was directed to operate it alone without an assistant. After he fitted the printing material, he switched on the machin…</p>