Woman assaulted by Super Metro bus crew awarded Sh420,000

A bus managed by Super Metro Sacco drops off passengers on a dangerous stretch of Thika Road on July 16, 2021. 

Photo credit: Dennis Onsongo | Nation Media Group

A female passenger who was assaulted and thrown off a bus affiliated to the popular Super Metro Sacco about six years ago has been awarded Sh420,000 in compensation by a court, placing the rogue matatu crew on the spot.

High Court Judge Lawrence Mugambi said Super Metro and the owner of the bus operating under its franchise, Ezekiel Njuguna Ngure, were liable for the actions of the crew and ordered them to jointly compensate Wairimu Muthoni Wachira for the humiliation and items lost during the incident.

“Considering the indignity the petitioner (Ms Wachira) was subjected to, being thrown forcefully from the bus, losing her property, being repeatedly slapped in public until she bled, it is my considered view that compensation to the tune of Sh420,000 is fair and reasonable,” the judge said.

Court filings show that Ms Wachira was assaulted on August 7, 2018 by the driver and conductor of a bus belonging to Mr Ngure but managed by the Super Metro Sacco.

A standoff between the victim and the crew arose when the bus changed course and she demanded to alight. The conductor also refused to give back her change after she paid the fare with a Sh1,000 note.

“The driver stopped the bus, came to the passenger cabin, and joined the conductor in pushing her from the bus causing her to fall outside the bus after being trapped by the metal bar at the exit door. They followed her outside where slapping continued until she started bleeding,” the court paper reads.

The bus crew also threw Ms Wachira’s belongings to her as they sped off. On checking, she discovered that Sh80,000 was missing from her bag. She also noticed that the gold pendant she was wearing was missing.

The victim reported the matter to the Super Metro office within the Nairobi central business district on the same day. She was attended to by a fleet supervisor, Michael Muturi, who later on called her and informed her that the particular bus in question was not scheduled to be in transit that day and that the alleged assailant driver was a “squad driver”.

Dissatisfied with the response, the victim took the matter to court. Super Metro, through its chairman, Nelson Mwangi Nduki, swore an affidavit on March 20, 2023, stating that the Sacco has over 200 individual and corporate members who operate under their name at a fee and that the company and its directors do not interfere with the daily operations of any of the franchisees, including the persons hired as drivers and conductors.

Super Metro argued that the crew were not its employees therefore it had no control over the driver and conductor of the vehicles.

The bus owner, Mr Ngure, denied that his bus was operating on August 7, 2018, insisting that the vehicle had been grounded due to mechanical problems and had therefore been in the yard all day. He also denied ever entering into out-of-court negotiations with Ms Wachira as alleged by the Sacco.

Justice Mugambi, however, dismissed the claims of the bus owner and the Sacco.

The judge reprimanded Super Metro for failing to ensure that the vehicles placed under its management were in the control of professional, disciplined and legally compliant persons who were identifiable and known to them at all times as it was its brand at stake.

“To say that that is the duty of the owner who hands the vehicle to the Sacco for the day-to-day management is deceptive and unconvincing. If the explanation by the 1st respondent (the Sacco) is allowed, it would defeat the very essence of why fleet management for public service vehicles was introduced in this country and will be a gross injustice to the consumers of those services,” Justice Mugambi said.

“Matatu Saccos were introduced to ensure accountability to the public and the Sacco must take responsibility for the poor service and harassment of the members of the public by crew under their management. They must and will be held accountable for the misconduct or indiscipline of persons operating under their management and cannot run away from that mandate” the judge added.

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