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Hawker sues city askaris for damages

A city hawker is seeking compensation from the county government for pain suffered as a result of a shooting incident that occurred during a confrontation between hawkers and askaris.

Patrick Mbuthia has enjoined the police and the Attorney General in the suit.

He claims that on May 26, while hawking second hand clothes, askaris together with police officers engaged hawkers in a scuffle and he shot on the leg in the ensuing confusion.

The petitioner claims the county askaris hurled bottles and clubs at them, while police used teargas canisters and shot at them as they ran towards Kirinyaga road.

“I hid behind a building together with other hawkers  to stay away from tear gas canisters and gunshots which were aimed at us, as a result we dropped our merchandise,” said Mr Mbuthia in his affidavit.

Mr Mbuthia claims that thereafter he went to pick his goods and during the process he felt pain on his left leg before it dawned on him that he had been shot.

In his affidavit, the hawker says it took him about a month and a half to heal and be able to walk unassisted.

“I suffered so much pain and was unable to engage in my trade for almost two months hence denying me an opportunity to earn a living,”Mr Mbuthia adds.

Mr Mbuthia is also seeking compensation from the respondents for alleged economic distress he suffered and loss of income, expected income and hospitals bills incurred.

Inspector Jackson Nzau in his replying affidavit says that police on patrol were confronted by hawkers who were armed with crude weapons.

“The hawkers engaged in running battles with police and city askaris who requested them to desist from hawking within the CBD,”said Mr Nzau adding that the hawkers indiscriminately attracked members of the public.

Ms Lady Justice Mumbi Ngugi directed the petitioner to file a supplementary affidavit within seven days and fixed the case for mention on November 11.