Decision to Award Starehe MP Jaguar's Father Ksh672,000 Objected

A court ruling to award Starehe MP Charles Kanyi Njagua's father Ksh672,000 has been objected by the plaintiff.

Mzee David Kanyi had been awarded the cash as a part of the general damages and medical expenses after he fell in a manhole in Nyeri town.

The plaintiff accused the Nyeri Water and Sewerage Company Limited (NYEWASCO) of leaving the manhole neglected and unmarked which resulted in the injuries that saw Mzee Kanyi hospitalized.

[caption caption="Starehe MP Njagua whose father was injured"][/caption]

In a ruling delivered in 2017, Senior Resident Magistrate Philip Mutua awarded Kanyi Ksh550,000 as general damages and Ksh25,000 for medical expenses.

NYEWASCO has, however, argued that the ruling to pay the cost of the suit, and the general and special damages awarded were exorbitant and contrary to the nature of the injuries sustained.

Jaguar's father broke his leg as a result of the fall in the two-foot manhole.

As a result, he was rushed to Mathari Hospital by a good-samaritan and later on transferred and admitted to Nyeri General Hospital for two weeks.

Visiting the site of the unfortunate incident, the court confirmed that the manhole was yet to be covered.

In its defense, the company had denied the allegations of negligence and breach of statutory duty arguing that Mzee Kanyi fell as a result of his negligence.

[caption caption="Starehe MP Charles Kanyi Njagua"][/caption]

According to NYEWASCO, the plaintiff was walking carelessly, without attention and unconscious of his own safety in addition to encroaching the hole which was two and a half meters from the road.