The ruling came after the family appealed a previous decision made by a magistrate’s court, which had ordered a smaller compensation.
The deceased, 27-year-old Osethios Mutethia Nthiga, was a butchery attendant and the sole provider for his family.
He was knocked down by one of Metro Trans’s buses while walking in Mwiki, a busy area in the outskirts of Nairobi.
Following the accident, the family sought justice through the courts, arguing that the Sacco was fully responsible for the death of their loved one.
In an earlier ruling, a magistrate’s court had found both the Sacco and the deceased to be equally responsible for the accident, ordering a lesser compensation of half the amount the family had requested.
However, Justice Hellen Namisi of the High Court disagreed with the magistrate’s assessment.
In her judgment, she overturned the earlier ruling, stating that the Sacco should be held entirely responsible for the fatal accident.
Justice Namisi emphasized that the magistrate had failed to consider key facts in the case.
She explained that the court had not properly considered the submissions from the appellant and had ignored relevant evidence that could have led to a more just determination.
“The trial magistrate erred in apportioning liability in the ratio 50:50. I, therefore, set aside that decision and find the respondents 100% liable for the accident,” the judge ruled.
The compensation amount was broken down as follows: Ksh 50,000 for pain and suffering, Ksh 150,000 for loss of expectation of life, Ksh 1,000,000 for loss of dependency, and Ksh 161,710 for special damages.
This ruling was significant not only for the family of the deceased but also for the wider matatu sector, which is often criticized for its chaotic and unsafe practices.
The outcome of this case is likely to spark further discussions on improving safety standards and ensuring that justice is served for victims of road accidents in Kenya.
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