Kenyan Governor has lost a case where his car ran over a pedestrian eleven years ago.
Nakuru Governor Lee Kinyanjui was on Monday ordered by the court to pay Charles Mugi ksh1 million ($10000) as compensation for sustaining severe injuries. The Governor’s car struck the pedestrian on December 7, 2010, along Nakuru-Nairobi Highway.
The accident left a permanent fracture in Mugi’s right leg, and in his ruling, Justice Hilary Chemitei said the amount is appropriate for the tragedy.
“Taking all the factors into consideration as well as the element of inflation, I find that an award of Ksh1 million would have been appropriate in the circumstances. This should be able to cover at least part of the future medical treatment,” Justice Chemitei stated.
In an initial court ruling in 2019, Mugi was awarded ksh1.5 million ($10,500) for general damages and another ksh28,250 (about $290) for special damages.
“The court has perused the injuries sustained by the respondent. It is not disputed that he sustained a fracture to his femur. The two medical reports by Dr. Kiamba and Dr. Malik are in agreement on the nature and the extent of the injuries. Obviously the respondent went through a very painful healing process. It appears that at some point the wound had sepsis and fresh treatment had to be undertaken,” court documents noted.
The ruling was welcomed with joy by the victim, saying it was proportional to the medical expenses he had incurred. However, it was disputed by Kinyanjui, noting the amount could not have succeeded Ksh700,000 ($7000).
Justice Chemitei reduced the amount for general damages by ksh500,000 ($5000) and maintained special damages.