The Milimani Law Courts in Nairobi.
A US-based Kenyan couple has sued a lorry owner, the vehicle’s driver and a property owner over the death of their eight-year-old daughter who was run over while cycling in Nairobi’s South C estate.
The couple, Ahmed Ayan Arab and Faysal Mohamed Jamuus, is seeking Sh36 million damages.
The suit says the lorry was delivering construction material to what they allege is an illegal building site when it fatally knocked down the child in December last year.
They have sued Mary Wambui Ng'ang'a, the registered owner of lorry, its driver Anthony Waria Thiong'o and Elizabeth Muthoni Odede, who is accused of owning the construction site that was receiving the delivery.
The parents accuse the defendants of failing to protect children in the estate and want them held jointly liable for their daughter's death.
They also argue their daughter's US citizenship gave her substantial future earning prospects that were cut short by the crash.
The parents say their daughter, Aisha Faysal Mohamed, was cycling inside Mugoya Phase IV Estate in South C on December 16, 2025, when the heavy commercial lorry knocked her down and crushed her.
According to the court filings, the construction site was illegal and had been "expressly marked as an illegal development" less than a month before the fatal crash.
“The construction site was being run without the requisite statutory approvals, licenses, and permits from the necessary authorities and had been expressly marked as an illegal development at its gate on November 19, 2025” the suit claims.
Causing death by dangerous driving
The plaintiffs argue the movement of heavy trucks through a residential estate required heightened safety measures because children were expected to be walking, cycling and playing there.
"The defendants failed to institute and/or observe such controls, thereby exposing the Deceased to a foreseeable and preventable risk of death," the court papers state.
They accuse the driver of speeding, failing to keep a proper lookout, failing to stop after the collision, failing to assist the child and fleeing the scene.
The property owner is accused of allowing heavy vehicles into the estate without traffic marshals, risk assessments or measures to protect residents from construction traffic.
In her witness statement, Ms Ahmed recalls hearing frantic screams before rushing outside.
"To my absolute horror and utter confusion, I saw my daughter, Aisha, lying motionless on the ground," she says. "She was positioned directly under the back left rear tire of the said lorry. Her bicycle was also crushed and lodged under the vehicle."
She adds: "I became extremely distressed and confused as I realized my daughter had been killed instantly."
The court bundle includes a police accident abstract showing investigators recommended charging the driver with causing death by dangerous driving after completing investigations.
A post-mortem report by pathologist Dr Simon Omuok concluded that Aisha died from "traumatic head injury due to blunt force trauma (RTI consistent)."
The parents say the tragedy left the family with deep emotional and financial losses.
Sh36.3 million in special damages
They claim the father suffered severe psychological trauma requiring hospital treatment after receiving news of his daughter's death.
He also travelled from the United States to Kenya for identification of the body, funeral arrangements and burial, leading to medical costs, travel expenses and lost earnings.
The lawsuit seeks general damages under the Law Reform Act and the Fatal Accidents Act, alongside Sh36.3 million in special damages. The claim includes funeral expenses, medical bills, travel costs and lost income.
It also argues that Aisha's status as a US citizen gave her access to employment opportunities in a high-income economy and that those prospects were permanently extinguished by her death.
The defendants had not filed responses to the claims. The suit is pending hearing and determination.
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