Kenya Power has been instructed to pay Sh 15.7 million to a boy in Meru as damages for trauma suffered. The boy was electrocuted while he was herding cattle.
Justice Francis Gikonyo ordered KPLC to pay the amount as damages for pain, loss of amenities, medical expenses incurred and future medical expenses.
“It is trite law that special damages must be specifically pleaded and proved. The plaintiff pleaded special damages for which he produced receipts in support. Contrary to the contention by the defendant, all the receipts produced by the plaintiff bore revenue stamps,” said Justice Gikonyo.
Evidence in court suggests the wire was lying loosely on the ground when the student tripped and fell touching it. The incident happened in Igembe North, Antubetwe location at Kilemi while the boy was 16years.
Opposed to the judgement
Kenya Power in their submission argued that it was not clear where the incident happened, the boy failed to ensure his own safety
According to KPLC the student should be held 100% responsible since it was not clear where the incident occurred and the plaintiff was negligent in failing to ensure his own safety.
The company also stated that the student should be held 100 percent liable. In disputing liability, the plaintiff failed to discharge his “burden of proof” in respect of the electric wires loosely hanging.
But Justice Gikonyo said defence was the one incapable of disapproving the evidence adduced by the plaintiff. The company was negligent in leaving a live wire to fall and remain on the ground.
The plaintiff was admitted at Maua Methodist hospital for four months. His arm was amputated due to severe burns. He said a prosthesis costing Sh8 million was recommended for him to help him conduct his daily activities. Also maintenance of the prosthesis is estimated to cost Sh1 million.
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