Kenyatta University loses appeal, to pay Sh3.9m compensation over student's death

Jukwaa

📋 Breaking It Down

In a judgment delivered on September 25, Justice Asenath Ongeri dismissed an appeal filed by Kenyatta University and its driver, Nyamu Keneth Mwendia, and affirmed an earlier decision that held them fully liable for the fatal crash.

The case arose from a March 18, 2024 accident involving a university vehicle driven by Mr Mwendia and another vehicle travelling in the opposite direction. The student succumbed to injuries sustained in the collision. Her parents, George Ouma Opar and Pamela Achieng Ouma, later sued as administrators of her estate and successfully obtained compensation in a Voi court.

The university and its driver challenged the decision, arguing that the trial court had wrongly found them entirely responsible for the crash and had awarded excessive damages.

📌 What You Need to Know

Valeria's parents sued Kenyatta University as administrators of her estate and successfully obtained compensation in a Voi court.

Also Read: Costly ‘errors’ - The billions taxpayers pay when the State gets it wrong

However, Justice Ongeri found that the evidence presented before the lower court overwhelmingly pointed to negligence on the part of the driver.

The judge noted that although Mr Mwendia claimed he had been driving carefully at about 50 kilometres per hour in heavy rain, he admitted losing control of the vehicle before it crossed into the path of an oncoming vehicle.

“The second appellant claimed he was driving carefully at 50 km/h in heavy rain but still lost control and veered into the oncoming lane, colliding with a vehicle he claimed to have seen from 70 meters away,” the judge said, adding that the explanation had properly been found improbable by the trial court.

Justice Ongeri agreed with the lower court's conclusion that the circumstances of the crash spoke for themselves.

📰 Source: Nation Africa

0 0