Driver burnt by bosses moves to court to seek compensation
A driver who is alleged to have been tortured by his bosses at a transport company has gone to court seeking compensation for injuries, mental anguish and psychological trauma.
Mr Isaac Njoroge said his bosses put a tyre around him and set him on fire
He is also seeking compensation for infringement of his right not to be subjected to any form of violence and not to be treated to punishment in a cruel, inhuman or degrading manner.
The petitioner has sued his former employer P N Mashru Transporters Ltd, a director at the company Padra Naran Mashru, an employee Kamtu Ali, Inspector General of Police and the Director of Public Prosecution (DPP).
Three people have already been charged at the Mariakani law courts with attempted murder of Mr Njoroge. They are alleged to have jointly attempted to cause death of Mr Kamau by tying his hands, placing a tyre round his waist and setting him on fire.
In his petition, Mr Njoroge claims that on January 27, 2016, while walking in Changamwe area, a vehicle belonging to the company sped towards where he was before two (company) security officers forcefully bundled him inside.
Mr Njoroge further said that he was taken to the company’s premises at Uwanja wa Ndege area where Mr Ali, a workshop manager, gave instructions to the security officers to assault him.
“The third respondent (Mr Ali) directed the two security officers to load a truck tyre around the petitioner; he proceeded to pour an inflammable substance and lit a matchstick setting the petitioner ablaze leaving him to burn,” the petition read.
Mr Njoroge said it took the intervention of one of the staff members to rescue him by putting off the fire using an extinguisher at the premises.
He also claimed that by the time the fire had been extinguished, he had suffered serious burns on his back and was in excruciating pain.
According to Mr Njoroge, after the fire had been extinguished, he was taken to Mariakani police station where a report was lodged accusing him of having stolen the company’s goods.
The driver said that at the police station, the officer in charge ordered that he be taken to hospital.
Mr Njoroge said he was taken back to the police station where he was remanded for seven days before being taken to court and charged on allegations of theft on February 2.
In the petition, the driver is accusing the IG of failing to take him to court within 24 hours as enshrined in the constitution and the DPP for failing to order proper investigations into circumstances leading to his arrest.
The petitioner is also seeking a declaration that institution of criminal proceedings against him was without proper basis and outside stipulated time as set out in the constitution.
On Tuesday, through lawyer Chris Maondo, Mr Njoroge told the court that he intends to call four witnesses to testify during the hearing of the petition.