Kenya Power has been ordered to pay a school boy in Meru KSh 15.7 million as damages after being electrocuted.
A 16-year-old boy touched a live electric wire after tripping and falling while grazing cattle at Kilemi in Igembi North District in October 2015. Kenya Power was ordered to pay a sum of KSh 15,729,500 for the damages which included pain, suffering and loss of amenities plus other medical expenses incurred.
Justice Gikonyo gave the ruling and said:
“It is trite law that special damages must be specifically pleaded and proved. The plaintiff pleaded special damages for which he produced receipts in support. Contrary to the contention by the defendant, all the receipts produced by the plaintiff bore revenue stamps,” said Justice Gikonyo.
The evidence that was displayed in court proved that the boy touched the live wire after tripping and unfortunately since then he has had to drop out of school. Kenya power was accused of negligence and as defense the company argued that the boy was negligent and should have been more careful.
Kenya Power argued that:
The student should have been held 100 percent liable and that their proof was not enough in proving that they were responsible for the boys electrocution. However, despite their argument Justice Gikonyo stated that Kenya Power was incapable of disapproving the evidence produced and that the company should not have left a live wire on the ground in the first place.
The boy was in hospital for four months on top of it he suffered severe burns, his arm was amputated and additionally if they were to buy him a prosthesis it would cost KSh 8 million and maintaining it would cost KSh 1 million.