PHYSICALLY CHALLENGED MAN AWARDED 0.3M FOR DAMAGES AFTER SUING KPLC

The plaintiff (left) and Lawyer Kiprono (third left) at Milimani Law Court Nairobi County Kenya. PHOTO /CHRIS OJOW

PHYSICALLY CHALLENGED MAN AWARDED 0.3M FOR DAMAGES AFTER SUING KPLC

By Chris Ojow

Nairobi’s Senior Magistrate Miss E. Wanjala awarded a resident of the Sprawling slum of Mukuru Kayaba who is physically challenged (blind) a sum of 350,000. Kenya shillings for damages.

Through his Officer of the Court Kiprono, the plaintiff Peter Gichimu Mwathi in application filed at Milimani Commercial Court case number 10313 of 2018, sued the defendant Kenya Power Lighting Company for damages.

And through the receipts of the cost incurred filed by his Lawyer Kiprono acting on pro bono, the Senior Magistrate based in the Civil division upon perusal, ordered KPLC to pay Physically challenged Mwathi over 0.3 million Kenya shillings for damages .

Mwathi in his application filed before Court alleged that, he fell into one of the holes dug by Kenya Power Lighting Company within Mukuru Kayaba Slums in Nairobi County in the evening Fracturing is spinal cord which cost him a fortune to treat and rendered him in responsibly .

Leaving him with only one option to be dependant, not forgetting that his Family that depends on him had to relocate to the Countryside for survival.

In his submission before Court through his Lawyer Kiprono acting on a free service, the plaintiff filed an application on 06 October 2018 claiming for the compensation of injuries he sustained on 22nd October 2016 while a way back home from work along Mukuru Kayaba Sprawling Slum in Nairobi County Kenya.

Mwathi who is blind fell in a hole dug by Kenya Power Lighting Company Limited, the plaintiff also alleged that the defendant intentionally failed to alert the passersby through a notice or a ribbon around the dugout holes hence resulting to injuries.

Where in his application he blamed the defendant for negligence, Mwathi alleged that when he passed the same road heading to work in the morning, there were no dugout holes, the grave incident happened in the evening while returning home from work.

He was helped by good Samaritan on a motorbike who took him to the nearby health centre and relied on medical charges through receipts issued for compensation.

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