Kenya Power and Lighting Company (KPLC) has lost an appeal it had lodged against a court decision to pay a 15-year old girl Ksh 22 million who was electrocuted and had limbs amputated after touching a live naked wire.
The utility company sought to have the damages awarded slashed, citing negligence for the victim failing to notice the wire and consequently exposed herself to danger.
In the appeal, Kenya Power further said that the amount was very huge and represented a case of unjust enrichment.
However, the three-judge bench held that the child’s condition after the incident was dire and that no amount would reinstate her previous state.
“We may also add that given the child’s condition after the injuries, there cannot be an issue of unjust enrichment or over compensation. No amount of money could ever restore the child to her previous condition. No sufficient reason has been given to warrant interference with that award and therefore that ground fails,” read part of the judgment by justices Patrick Kiage, Roselyn Nambuye and Wanjiru Karanja.
According to the report tabled in court by the girl's mother during trial, her daughter was on her routine duty of collecting firewood when she came across a naked electric wire on August 2017.
The case was filed on 25th January 2019 where the complaint sought compensation for Ksh589,160 for medical expenses among other damages.
In a judgment delivered by Justice Alfred Mabeya at high court in Meru, KPLC was ordered to pay Ksh 4 million for general damages, Ksh555,160 for special damages, Ksh1 million for loss of earning capacity and Ksh16.5 million for future medical expenses.
Justice Mabeya found KPLC responsible for the incident, since it is a monopolistic company responsible for the safe installation of power lines.
The appellate judgment also quashed the victim’s mother's retaliatory cross-appeal filed over the trial’s court computation of the compensation, saying that the appellant had to be held 100% liable for not tabling any evidence in rebuttal during trial.
The mother had sought to have KPLC pay Ksh5 million for pain and suffering, Ksh3 million for loss of earning capacity and Ksh24.3 million for future medical expenses and maintenance costs.
“We are satisfied that given the circumstances of the matter and all the material placed before the learned Judge, he arrived at a fair and just decision and we have no reason to interfere with the same,” said the judgment.
