A high-end hotel in Mombasa will be forced to pay a family Ksh2 million after their son drowned in a swimming pool in 2018.
Their nine-year-old child was swimming with his friends during a birthday party when he got submerged. He was rescued and rushed to hospital but succumbed to injuries while being resuscitated.
The boy's parents sued the hotel for negligence and poor supervision. They argued that the employees should have watched over the children and demanded to be compensated for the loss of their child.
In its response, however, the hotel dismissed claims that their employees were responsible and stated that the complainants were negligent.
While ruling on the matter, Mombasa Principal Magistrate Charles Ndegwa awarded Sh1.9 million in compensation to the family.
Damages for the years lost were awarded at Ksh1.5 million while Ksh 200,000 was awarded for pain and suffering and Ksh200,000 for loss and expectation for life.
In addition, Ndegwa also awarded the family a total of Ksh396,000 as special damages for a fee for obtaining a limited grant of letters of administration, buying a coffin, pathologist’s fees for conducting the postmortem and medical expenses.
He, however, declined to award Ksh520,000 that the family had requested for funeral expenses citing lack of documentary evidence to show the family used the amount.
Unsatisfied with the ruling, the family moved to the to the High Court to appeal the denied compensation.
They told the court that they were not awarded the money despite the tabling enough evidence to establish that they used transport and funeral expenses, grave digging and food.
The hotel opposed the appeal and argued that the expenses claimed were too high.
Justice Dorah Chepkwony concurred with the defendant and awarded Ksh150,000 which he stated was reasonable.
“Although the appellant pleaded the expenses in amounts which were subject to this appeal, I will award the sum of Sh150,000, which in my view is reasonable to compensate the family for funeral expenses in burying a nine-year-old boy,” the judge ruled.
