Kenya Power Ordered to Pay Boy Ksh4.4 Million

Kenya Power workers repair a transformer on the Meru-Makutano road on March 28, 2016.
Kenya Power workers repair a transformer on the Meru-Makutano road on March 28, 2016.
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Kenya Power

Kenya Power has been ordered to pay a sum of Ksh4.4 million to an underage boy who was electrocuted in 2014.

A report by Daily Nation on Sunday, February 14, indicated that the unidentified minor touched a live wire after tripping and falling.

The boy will receive the money which will help cater for replacement of his limbs and future medical expenses after he became incapacitated following the accident.

In his ruling, Judge Stephen Riechi noted that the boy, who is still aged below 18 years, will require two artificial limb replacements, one before he attains the legal age and another one after.

An engineer fixing a power line
An engineer fixing a power line
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"It will be absurd for a court to tell the youngster to wait to pay for the medical treatment in a complication that will occur in future and then come back to reopen the suit and claim the same as damages.

"With the presented medical knowledge, the medical personnel are capable of estimating future costs of medical treatment on the minor who has sustained serious injuries," ruled the judge.

The complainant claimed that after the accident, the minor's hand was amputated at the shoulder joint, suffered multiple burns on the head, left chin, abdomen and left fingers.

From the pay out, the judge noted that Ksh1.6 million would be used for the first prosthetic placement and Ksh2.8 million for second placement.

An earlier ruling had awarded the victim Ksh3 million in general damages and an additional Ksh2,500 as special damages.

The family, however, made an appeal demanding special damages and also sought artificial limbs costs be met. They also argued that the minor would not be able to join his preferred profession following the accident, and therefore should be compensated accordingly.

In its defence, the company denied claims of negligence and noted that the boy was also to blame for the incident.

In the end, the company took an 85 per cent blame while the boy took 15 per cent. The boy's identity was concealed by the court in line with his parent's request.

Kenya Power and Lighting Company engineers load a transformer onto a lorry.
Kenya Power and Lighting Company engineers load a transformer onto a lorry.
Photo
KPLC
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