A loose rock, a Bentley and a lawyer have taught Kenha one of their most expensive lessons.
On an ordinary day, Sh750,000 would buy you an almost new Probox. But this is the sum the Kenya National Highways Authority has to part with in compensation to lawyer Ahmednassir Abdullahi, popularly known as the 'Grand Mullah', for failing to erect proper road signage.
The compensation is the cost Ahmednassir incurred in repairing his expensive and luxurious Bentley Bentayga. The car was damaged in a crash that was blamed on Kenha's failure to put up proper road signs.
Giving the award on Thursday, magistrate Edwin Mulochi said he found Kenha liable for damage caused to the senior counsel’s car some two years ago.
“The award above amount as special damages clearly restores the plaintiff (the counsel) to the position he was before his car’s windscreen was damaged,” Mulochi said.
He however declined to award general damages saying doing so will amount to unjust enrichment.
Ahmednassir said he had planned to do a road trip with his two daughters to Tanzania before the accident happened. He set out for the trip on the Nairobi-Namanga road on the morning of August 25, 2018.
Five days later on his way back employees of Kenha who were repairing the road damaged his car windscreen.
The damage was caused by stones and shrapnel emanating from the work that was being undertaken. This, the senior counsel described as negligent on the part of the officials repairing the road.
In his suit papers, the city lawyer said the Kenha employees or agents were reckless in failing to close off the road to members of public while carrying out the works in order to avoid accidents.
As such, he said Kenha owed him and other road users a duty of care which it breached occasioning him damage.
But Kehna denied liability and asked the court to dismiss the suit. It said the accident could be a figment of the lawyer’s imagination aimed at getting unjustly enriched at the expense of the taxpayer’s resources.
But the magistrate noted that Kenha cannot be heard saying it had nothing to do with the repairs that were being undertaken on the road at the time the accident occurred.
“This is one of the major highways linking Kenya with Tanzania. It is unthinkable that the defendant (Kenha) would be oblivious of the recarpeting of a major highway falling within its jurisdiction. That amounts to an inexcusable dereliction of duty that should not be countenanced,” the magistrate ruled.
Edited by P.O
