According to documents in our possession, Daniel Kinyanjui Kangethe, was involved in a traffic road accident on December 13 2011 along Mwiyoko-Githurai 45 road near Jumbo supermarket when a vehicle registration No KWR 498 knocked him down incurring serious injuries on his both legs. Kangethe was admitted to Kijabe Hospital in Kiambu county after the accident with his right leg being amputated as he was later condemned to a wheelchair. The left leg was totally fractured and a metal plate was inserted.
Kangethe after hospitalisation went ahead to file a case at Milimani Law Courts demanding for damages
following the grisly road accident that changed his life. The victim then engaged the services of lawyer
Samson Nyangaka based in Nakuru in the case. Orient Insurance, the defendant, was represented by
Amollo and Kibanya Advocates based in Nairobi. As the court case No 1052 of 2012 was proceeding, surprisingly lawyers involved asked for out- of-court settlement. Orient Insurance Ltd is said to have paid over Sh3 million but Kangethe only received Sh600,000.A bitter Kangethe not satisfied with the out-of-court settlement went back to court for justice. This time he was representing himself. In a ruling dated October 24 2018, Chief Magistrate Ngare Gesora awarded the plaintiff Sh4 million but Sh700,000
which had been paid to the hospital was deducted thus Orient was to pay Sh3.3million plus costs with interest. Orient has been served twice but gone quiet on the matter. On December 27 2018, the management of Orient was summoned in court to show cause why but they ignored the court summonses. They had been given 15 days to appear leading to auctioneering process. The vehicle which was involved in the accident, an Isuzu truck was owned by Hebron Mkungusi and Simon Cheptim and whose driver was David Titi Ngángá who was jailed for four months for reckless driving. In his ruling, the magistrate observed: “It is clear that the aaccident which is the subject matter of these proceedings did occur and the plaintiff sustained serious injurious which, included amputation of his right leg below
the knee level , fractures of the left tibia now fritled with a metallic plate and swollen ankle of the left foot,” the Gesora observed. He further noted that the driver of the lorry, Ng’ang’a had a duty which he failed to exercise and cause the accident. “He is wholly liable for the accident and I enter judgment
of liability at 100pc against the defendant jointly and severally in their capacity as driver and owner of
the ill-fated motor vehicle”. He then ordered: “On quantum, I have noted the injuries that the plaintiff (Kangethe) suffered. He prays for a sum of Sh4 million as general damages. He conceded to having been paid Sh700,000 out of the amount of Sh4 million that was agreed during registration. I award him the amount but less Sh700,000. In the end, I enter the final judgment as follows:- general damages Sh4
million less Sh700,000 being the amount used. The court then directed that Kenya Orient Insurance
Limited pay Kangethe the difference of Sh3, 300,000 which the insurance hasn’t paid to date”.