LOST AN ARM, HIS MOTHER

KPLC to pay Sh3.8m for boy's prosthetic limb after electrocution

The father had asked the court to award him Sh10,828 for 30 years when the boy is expected to be married.

In Summary

• The incident, which occurred in 2014, also took the life of his mother.

• The boy's father had sued KPLC for negligence that led to the amputation of his son’s hand.

Electricity cables. /FILE
Electricity cables. /FILE

Kenya Power has been ordered to pay Sh3.8 million to buy two prosthetic arms for a boy who lost his right arm after electrocution.

The incident, which took place in 2014, also took the life of his mum.

The prosthetics will be imported from the UK. 

In the case, the boy's father had sued KPLC for negligence that led to the amputation of his son’s hand.

KPLC and the father had entered into a consent of liability for the incident and the latter accepted 85 per cent liability and the father 15 per cent.

The magistrate's court awarded him Sh3 million in general damages. Dissatisfied, the father appealed because he had not been granted a prosthetic for his son.

Bungoma High Court judge Stephen Riechi said he had considered the appeal by the father and only allowed the costs for the prosthetic hand and not damages.

The father had asked the court to award him Sh10,828 for 30 years when the boy is expected to be married.

However, the court declined to grant him those damages but only gave him a prosthetic hand.

Judge Riechi ruled that a report from the Moi Teaching and Referral Hospital recommended the use of the prosthetic hand by the boy for his day-to-day activities. 

KPLC had recommended two options in London and MTRH for the prosthetic, but the court said MTRH is practicable.

“I therefore allow the expense of the prosthetic hand to be replaced twice before he is 18 years and after he is 18 years,” the court ruled.

The first prosthetic hand placement will be done when he is five to 12 years and will cost Sh1.6 million. The second placement will be at 12 to 18 years at a cost of Sh2.8 million.

“In the result, I enter judgment for appellant for the costs of the future prosthetic hand of Sh4,488,000 less 15 per cent contribution of Sh673,200 to total to Sh3,814,800 with costs of this appeal,” judge Riechi ruled.

The father had told the court that the cost of a prosthetic arm when he is over 18 will be Sh7.1 million but the court did not grant him the cost for that.

According to court records, the boy's right arm was amputated at the shoulder, lost two toes on his right foot and suffered burns to his fingers, head, abdomen and left chin.

His father told the court that due to the injuries the minor is unable to feed himself.

Even though the father wanted to fly his son to London to get the prosthetic hand, he said he was okay with the Kenyan option.

 

 

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