By HSE East Africa | Wednesday Sep 27, 2017
A Magistrate court in Nyeri County, Central Kenya has ordered the Nyeri Water and Sewerage Company (NYEWASCO) to pay KSh 672,000 to a man after he fell and broke his leg in a manhole owned by the corporation. This is according to an article published in the Daily Nation.
The man, David Kanyi, is the father to the current Member of Parliament for Starehe Constituency, Charles Njagua popularly known as Jaguar. The magistrate found that the water company had neglected the two-foot deep manhole in Nyeri town and failed to erect warning signs.
Through lawyer Muhoho Gichimu, Mr. Kanyi told the court that the incident occurred on October 1, 2008 at 7.30 pm behind Homage building. He was taken to Mathari hospital by a passerby where he was found to have fractured his right leg, ankle joint, dislocation and wound in the interior side of the ankles. He was later 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 its 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.
While delivering the judgment, the court noted that there was corroborating evidence that the water entity had duty to maintain the manholes and put up warning signs.
Source: Business Daily