This archive report was first published on 8 August 2019.
Published on August 8, 2019, a Court of Appeal decision has allowed Ex-Nyeri Town MP Wanyiri Kihoro to pursue a Sh. 54 million compensation claim against Kenya Civil Aviation Authority (KCAA) and an airline.
The claim stems from a 2003 air crash in Busia that resulted in the death of Kihoro's wife, Wanjiru Kihoro, who had been in a coma for three years and nine months.
The Court of Appeal, comprising Justices Philip Waki, Roselyn Nambuye, and Agnes Murgor, ruled in favor of Kihoro, allowing the appeal to proceed for a fair hearing.
The judges noted that the law restricting suit filing periods had been changed, and therefore, the respondents should be given time to seek an extension to file the suit against KCAA.
However, the Attorney General had previously argued that the suit was time-barred, emphasizing that it should have been filed one year after the cause of action arose in January 2003.
Dr. John Khaminwa, representing Kihoro, countered that limitation of actions clauses no longer apply due to Article 159 (2) (d) of the Constitution, which requires that justice be administered without undue regard to procedural technicalities.
