• Under the provisions of the Occupiers Liability Act, cap 34, laws of Kenya, an occupier owes all invitees a common duty of care. This is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor is reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there.
• An occupier owes this duty to all other persons permitted by law to enter upon his premises.
• In determining whether an occupier has discharged his common duty of care regard must be had to
o Whether the invitee is a child
o Whether the invitee was exercising his calling
o Whether the visitor was injured through the faulty execution of a task by an independent contractor
o Whether the invitee had consented to the risk
o Whether the occupier had given adequate warning and displayed the same conspicuously
o Whether the person injured is a trespasser.