Kenya Power ordered to pay Sh3.2m for negligence that led to woman's death by electrocution
Kwekwe Ngute Choga died after unknowingly stepping into a puddle of water with a high-tension electricity line. She was electrocuted and suffered 73 percent burn wounds.
What you need to know:
- Kenya Power denied responsibility for the accident that led to Ms Choga's death.
- The electricity company instead argued that the incident was caused by the deceased’s negligence and or contributory negligence in failing to exercise safety precautions.
A court has ordered Kenya Power to compensate a family after finding the utility firm responsible for an accident that resulted in the death of a 56-year-old woman in Mombasa.
High Court Judge Julius Ng’arng’ar ruled that the petitioner in the case, Leonard Chuphi Nguta, demonstrated that he incurred substantial medical bills and other expenses in treating and burying the deceased, who was electrocuted while returning home from her farm.
The judge overturned an earlier court ruling that awarded Mr Nguta special damages of Sh657,500 and replaced it with an award of Sh3 million.
“Judgment is, therefore, entered in the sum of Sh3.2 million for the appellant against the respondent. The orders on interest and costs made by the trial court shall remain in force,” said the judge
This award comprised Sh50,000 for pain and suffering and Sh100,000 for unexpected loss of life.
The court also observed that documents submitted demonstrated that Nguta incurred 2.4 million medical expenses for Kwekwe Ngute Choga.
“This court, therefore, finds that in addition to the Sh657,500 awarded, the appellant is also entitled to the Sh2.4 million that went towards the medical bills,” said the judge.
Mr Nguta filed this case on behalf of Ms Choga, who was electrocuted in 2020. The incident occurred on January 15, 2020, while the deceased was returning home from the farm.
“She stepped into a puddle of water with a high-tension electricity line. She was electrocuted and suffered 73 percent burn wounds,” the court heard.
The mother of five succumbed to her injuries two weeks later while receiving treatment at Mombasa Hospital, where she was admitted to the Intensive Care Unit.
“The accident was caused by the negligence of Kenya Power’s servants, employees, and agents who failed to remove the wire that had fallen and had been lying on the ground for three days,” Mr Nguta stated in the court documents.
The claimant informed the court that the deceased who was 56-years-old at the time of the incident, a housewife and a farmer, and that she left behind six dependants.
Mr Nguta then prayed for judgment against Kenya Power for special damages of Sh3 million, funeral expenses of Sh656,000, and medical bills of Sh2.4 million.
Kenya Power, however, denied responsibility for the accident that led to Ms Choga's death.
The electricity company instead argued that the incident was caused by the deceased’s negligence in failing to exercise safety precautions.
“The deceased failed to consider safety measures in the circumstances, ignored the danger and warning signs posted by the company, and interfered with electric supply wires,” said Kenya Power.
The company also blamed the deceased for standing too close to electricity wires in complete disregard of the imminent danger and for tampering with its electricity wires.
The firm requested the court to dismiss the case.
