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Kenya Power ordered to pay electrocuted boy Sh15.7m

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Summary

  • Justice Francis Gikonyo ordered the power utility firm to pay the student code-named in court papers DA a sum of Sh15,729,500 as damages for pain, suffering and loss of amenities. 
  • Evidence in court indicate that the student touched a live electric wire after tripping and falling while grazing cattle at Kilemi/Kautine, Antubetwe Location in Igembe North District in October 2015.

Kenya Power #ticker:KPLC has been ordered to pay a school boy in Meru Sh15.7 million as damages for injuries suffered after being electrocuted while herding cattle.

Justice Francis Gikonyo ordered the power utility firm to pay the student code-named in court papers DA a sum of Sh15,729,500 as damages for pain, suffering and loss of amenities, medical expenses incurred, doctor’s fees and future medical expenses.

"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.

Evidence in court indicate that the student touched a live electric wire after tripping and falling while grazing cattle at Kilemi/Kautine, Antubetwe Location in Igembe North District in October 2015. The wire was lying loosely on the ground.

The boy, who was 16 years at the time of the accident, was forced to drop out of school.

Justice Gikonyo accused the KPLC of negligence.

In opposition to the case, Kenya Power submitted that it was not clear where the incident occurred and the plaintiff was negligent in failing to ensure his own safety.

The company stated that the student should be held 100 percent liable. In disputing liability, it submitted that the plaintiff failed to discharge his “burden of proof” in respect of the electric wires loosely hanging.

But Justice Gikonyo said defence was the one incapable of disapproving the evidence adduced by the plaintiff that the company was negligent in leaving a live wire to fall and remain on the ground.

The plaintiff was admitted at Maua Methodist hospital for four months. His arm was amputated due to severe burns. He said a prosthesis costing Sh8 million was recommended for him to help him conduct his daily activities. Also maintenance of the prosthesis is estimated to cost Sh1 million.