Vivian Kiarie has taken Sarova Whitesands Beach Resort to court in Mombasa, seeking Sh568,868.78 in damages after alleging that she drank a corrosive chemical that had been placed among bottles of drinking water in her room.
The case, reported on 20 November 2018, stems from events of 2015. Kiarie said she checked into the hotel on 7 June 2015 with her 15-year-old daughter and her sister. She told the court she had returned to Kenya after 18 years abroad so her American-born teenage daughter could meet relatives.
According to the suit, the family had booked a seven-day stay, but the visit ended on the second day after the alleged incident. Kiarie said that on 11 June 2015 the three checked out and moved to Serena Beach Hotel. She also said she later reported the matter at Bamburi Police Station on 14 June.
In her court papers, Kiarie said:
“Immediately after drinking the water, I experienced an intense burning sensation on my lips, mouth and throat,”
She claims the hotel disposed of the seals from the suspected bottle, and says an in-house medic later examined her and recommended a blood sample for toxicology testing. She added that she went for another check-up the following day and had to reschedule her flight to deal with the matter.
Through Wandai Matheka & Advocates, Kiarie is asking for special damages, general damages for pain and suffering, and punitive or exemplary damages for gross negligence and breach of statutory duty. The matter is listed as CMCC No 1600 of 2016, and Mombasa Principal Magistrate Charles Ndegwa is set to rule on 14 December.
Sarova Whitesands has denied wrongdoing and rejected the claims, though it has acknowledged that the incident was reported.
