This problem is based on the provisions of Occupier's Liability Act, Cap 37 Laws
of Kenya.Under the provisions of this Act, an occupier owes all his visitors and invitees a
common duty of care that is, the duty to take such care as in all the circumstances of the case is
reasonable to see the visitor is reasonably safe in using the premises for the purpose for
which he is invited or permitted to be there. In this case Abdallah is the occupier and owes
all his visitors a common duty of care. However, under the provisions of the Act, an
occupier escapes liability by showing that he had given sufficient or adequate warning of the
danger. In this case Abdallah had placed a warning sign outside the entrance of the building.
The facts do not tell us whether the sign was conspicuously displayed and was thus
sufficient. It is our submission that displaying a sign that the floors are slippery without
anything more is an inadequate warning. In our view Abdallah cannot escape blame. On the
other hand Makanyanga was in hurry to attend class and did not see the notice. Perhaps this
is an indication that it was not conspicuously displayed. The fact that he was rushing is
therefore of no consequence and Abdallah is liable for the loss arising
maurice.mutuku answered the question on April 28, 2018 at 07:02
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