Lawyer Ahmednasir Abdullahi awarded Ksh750,311 as costs of damages to his car, a Bentley Bentayga, which was caused by loose chips on a road under construction by the Kenya National Highways Authority (Kenha).
The lawyer told the court that his car’s windscreen was damaged by stones, shrapnel and particles on a section of the road which was being re-carpeted by Kenha.
He said he was travelling to the country on August 30, 2018, from Arusha, Tanzania through the Nairobi-Namanga highway when his car got damaged.
Ahmednasir accused Kenha of gross negligence by failing to close off the section under repair to the public and for not erecting proper signage along the highway to warn motorists about the ongoing repairs.
However, Kenha argued that they were not liable for the damages incurred by the lawyer since he failed to report the incident to any police station.
The roads’ authority, argued that the damage to Ahmednasir’s car could have resulted from the manufacturer’s defect.
It further opined that it was not possible for a stone to rise from the ground and shatter the windscreen unless he was driving at a speed of 250km/hr.
But magistrate Edwin Mulochi agreed that the Senior Counsel had suffered damages to his car due to the agency’s negligence and awarded him the Ksh750,311 as the costs he used to repair the windscreen.