Lawyer Ahmednasir Abdullahi, otherwise known as Grand Mullah, has been awarded a cool Ksh750k as compensation for damage caused to his swanky Bentley Bentayga.
The SUV’s windscreen was damaged back in August of 2018 during repairs on the Nairobi-Namanga highway. The Senior counsel moved to court accusing the Kenya National Highways Authority of failing to erect proper road signage.
In his suit papers, Grand Mullah said Kenha employees were reckless in failing to close off the road to members of public while carrying out the works in order to avoid accidents.
But the Authority denied liability and asked the court to dismiss the suit.
However, in a ruling Thursday, magistrate Edwin Mulochi said he found Kenha liable for the damage caused to Ahmednasir’s car.
The magistrate noted that Kenha cannot claim it had nothing to do with the repairs that were being undertaken on the road at the time the accident occurred.
“This is one of the major highways linking Kenya with Tanzania. It is unthinkable that the defendant (Kenha) would be oblivious of the recarpeting of a major highway falling within its jurisdiction. That amounts to an inexcusable dereliction of duty that should not be countenanced,” the magistrate ruled.
He awarded Ksh750K compensation as the cost Ahmednassir incurred in repairing. The magistrate however declined to award general damages saying doing so will amount to unjust enrichment.
“The award above amount as special damages clearly restores the plaintiff (the counsel) to the position he was before his car’s windscreen was damaged,” Mulochi said.
Ina Twitter post after the ruling, Ahmednasir wrote: “The court today RIGHTLY held that Public authorities like the Kenya National Highways Authority have a DUTY OF CARE to road users when they do a shoddy jobs. KENHA was compelled to pay the cost of my car’s windscreen valued at Ksh.750,311.”
The court today RIGHTLY held that Public authorities like the Kenya National Highways Authority have a DUTY OF CARE to road users when they do a shoddy jobs. KENHA was compelled to pay the cost of my car’s windscreen valued at Ksh.750,311. pic.twitter.com/Jn3BYQ7gtF
— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 6, 2020