Jaguar’s father awarded Sh672K in damages
Nyeri Water and Sewerage Company has been ordered to pay Starehe MP Charles Njagua’s father, David Kanyi, Sh672,000.
The magistrate ordered this after Mr Kanyi fell and broke his leg in a manhole owned by the corporation.
The magistrate found that the water company had neglected the two-foot deep manhole in Nyeri town and failed to erect warning signs.
In its defence, the company had blamed Mr Kanyi for not being careful.
Through lawyer Muhoho Gichimu, Mr Kanyi told the court that the incident occurred on October 1, 2008 at 7.30pm behind Homage building.
Mr Kanyi was taken to Mathari hospital by a passerby, Gerishon Chege Nderitu, and later was transferred to Nyeri General Hospital where he was admitted for two weeks.
During hearing of the case, the court moved to the scene and found that the manhole was yet to be covered.
The magistrate also noted that the manhole was at the edge of the road, approximately two and a half metres from the road, and next to a four-feet deep trench.
In defence, the company denied the claims of negligence and breach of the statutory duty explaining that Mr Kanyi was solely accountable and that the accident was caused by his personal irresponsibility.
Through GK Kibira Advocates, Nyewasco said Mr Kanyi was walking carelessly, without attention and unconscious of his own safety and encroached on the manhole.