This archive report was first published on 26 July 2021.
Nairobi City County has been given a 7-day ultimatum to accept liability for the brutal assault of a socks hawker, Anthoney Maina, who was left with a fractured jaw and damaged teeth after being asked to pay a Ksh100 bribe.
According to a letter written by Maina's lawyer, Harrison Musyoki, the county has been given until July 30, 2021, to admit sole and vicarious liability for the grievous harm and loss caused to Maina.
“TAKE NOTICE that if in the next seven (7) days from the date hereof we shall not have received an admission of sole and vicarious liability for the grievous harm and loss caused to our client, we have strict and firm instructions to institute legal proceedings against you for special damages, general damages, interests and all incidentals thereto, without any further delay,” read the letter.
On July 2, 2021, Maina was selling his wares along Odeon Cinema in Nairobi when three county officers approached him, demanding a Ksh100 bribe to allow him to continue his business. When Maina refused to pay, the officers assaulted him, fracturing his jaw and damaging his teeth.
“Our client is a hardworking Kenyan citizen who duly contributes to the ultimate economy of the country, however small a contribution it may be. In addition, he is the sole breadwinner of his young family, his wife having just given birth a few days ago,” the letter states.
Since the assault, Maina has been forced to make regular visits to Mama Lucy Hospital for intermaxillary fixation and further treatment. He has also been unable to speak properly and is gripped by pain, unable to eat solid foods due to the grievous injuries he received.
