WILLFUL OR MISTAKEN?

Kakamega lawyer to sue filling station for 'wrong fuel'

“Once you admit liability against our client will then quantify his claim against you and call upon you to settle the same expeditiously. Your failure to comply with this demand within seven days will expose you to legal actions at your risk as to increased costs,” the demand read.

In Summary
  • A pump attendant at a filling station filled the lawyer’s pickup with petrol instead of diesel on November 20 in Kakamega town.
  • The lawyer is demanding repair charges, loss of reputation and loss of business opportunity.
A fuel pump at Kobil petrol station along Koinange street in Nairobi county.
TAKE RESPONSIBILITY: A fuel pump at Kobil petrol station along Koinange street in Nairobi county.
Image: /FILE

A Kakamega lawyer has issued a demand notice to a businessman to take responsibility after one of his filling stations filled his vehicle with the wrong fuel two weeks ago.

Edwin Wawire wants owner Julius Gitonga to take responsibility in writing within seven days, failing which he would seek legal redress over negligence.

A pump attendant at one of the filling stations filled the lawyer’s pickup with petrol instead of diesel on November 20 in Kakamega town.

Wawire, through lawyer Derick Mango, said he went the filling station on November 20 to fuel his vehicle with diesel worth Sh1,000.  

He said the pump attendant wilfully or negligently filled the vehicle with petrol instead of diesel.

“Your employee’s misdeed resulted in our client incurring huge financial losses, including towing charges from the petrol station and hiring alternative transportation for the duration that the vehicle was under repair,” he said in his demand notice dated November 30.

The lawyer is also demanding repair charges, loss of reputation and loss of business opportunity.

“Once you admit liability against our client, we will then quantify his claim against you and call upon you to settle the same expeditiously. Your failure to comply with this demand within seven days will expose you to legal actions at your risk as to increased costs,” the demand letter read.

But Gitonga said the lawyer had ill intentions by escalating the matter.

“I am aware of the matter. What has that to do with you? You do what you want to do,” he said on the phone yesterday.