This archive report was first published on 7 August 2020.
Published on August 7, 2020, a senior magistrate has ordered the Kenya National Highways Authority (Kenha) to pay Sh750,311 to Senior Counsel Ahmednassir Abdullahi for damage to his Bentley Bentyaga windscreen.
The incident occurred on August 25, 2018, on the Nairobi-Namanga highway, where Abdullahi claimed that Kenha's negligence led to the damage. He stated that there were no warning signs to alert motorists on the stretch being recarpeted.
However, Kenha denied the allegations, stating that the windscreen could have been damaged elsewhere. The agency's assistant director, Fredrick Oyuga, added that Abdullahi did not report the accident to the police or at any Kenha offices.
Senior Magistrate Edwin Mulochi disagreed with Kenha's stance, ruling that the agency owes road users a duty of care. He stated that the duty cannot be shifted to a third party and that Kenha clearly breached its duty of care to Abdullahi by failing to erect warning signs or divert traffic.
Abdullahi's Bentley Bentyaga is valued between Sh30 million and Sh51 million, according to the Kenya Revenue Authority. The ruling has sparked calls for more accountability on the part of Kenha.
