Vivian Kiarie has taken Sarova Whitesands Beach Resort to court in Mombasa, seeking Sh568,868.78 in damages over an incident she says happened during a June 2015 stay at the hotel.
The suit, filed in connection with the matter and listed as CMCC No 1600 of 2016, comes after Kiarie said she was injured when she allegedly drank a corrosive chemical that had been placed among bottles of drinking water in her room. The article was published on November 20, 2018.
According to Kiarie, she had returned to Kenya after 18 years abroad and travelled with her 15-year-old daughter, who was born in America, and her sister so she could introduce the teenager to relatives. She said the family had booked seven days at the Mombasa resort but left early after the alleged incident.
Kiarie said the problem began on June 7, 2015, and that the stay was cut short on the second day. She later checked out on June 11, 2015 and moved to Serena Beach Hotel. The matter was then reported at Bamburi Police Station on June 14.
In her court papers, Kiarie said:
“Immediately after drinking the water, I experienced an intense burning sensation on my lips, mouth and throat,”
She also claims the hotel disposed of the seals from the suspect bottle. Kiarie says an in-house medic later examined her and recommended that a blood sample be taken for toxicology tests, and that she returned the next day for further check-up.
Through Wandai Matheka & Advocates, she is asking the court for special damages, general damages for pain and suffering, and punitive or exemplary damages for gross negligence and breach of statutory duty.
Sarova Whitesands Beach Resort has denied wrongdoing and rejected the claims, although it has acknowledged that the incident was reported. Mombasa Principal Magistrate Charles Ndegwa was set to deliver a ruling on December 14.
