Kenya Power has been ordered to pay a sum of Ksh2 million to an underage boy who was electrocuted in 2018 in Mbita, Homa Bay County.
According to court documents, the unidentified minor touched a live wire that had been dislodged from a pole.
Following the accident, the boy became incapacitated and will now receive the money to help cater for replacement of his limbs and future medical expenses.
An initial judgment by a trial magistrate had awarded the minor Ksh140,000 in terms of damages.
Aggrieved by the judgment, the minor appealed the decision- moving to the High Court to seek a higher compensation.
"The learned trial magistrate erred in principle and law as laid out in precedents by awarding damages that was inordinately too low in the circumstances and not commensurate with the loss sugared thus reaching an erroneous decision.
"The learned trial magistrate misapprehended the evidence on record in particular the permanent disability as assessed and failed to properly and exhaustively evaluate the evidence and/or based on no evidence," read part of the appeal.
Evidence submitted to the High Court revealed that the minor sustained burn wounds on his limbs. According to a doctor's report, the burns were assessed at 30 percent.
"The appellant will require physiotherapy with occupational therapy. Permanent disability was anticipated and the burns were likely to complicate later to a marjolin ulcer; an aggressive type of skin cancer," the report from the doctor stated.
Kenya Power proposed an award of Ksh75,000 to cater for the cost, while the minor's representative proposed an award of Ksh3 million.
Upon reviewing the evidence, High Court Judge, Waweru Kiarie, noted that the minor had sustained numerous injuries which ought to be considered in terms of medical expenses.
In his ruling, the judge ruled that the amount was inordinately low to cater for the expenses.
"After considering the injuries sustained by the minor and the prognosis given by the doctor, I will set aside the award by the learned trial magistrate and substitute it with an award of Ksh2 million general damages. Costs of the appeal be borne by the respondent," read the ruling from the judge.
