This archive report was first published on 29 October 2019.
On November 23, 2012, a tragic accident occurred at Mbale along the Kakamega-Kisumu highway, where 13-year-old Fanuel was grazed by the family's cattle and attempted to pull hanging sugarcane from a tractor, which eventually ran him over by its hind tires.
West Kenya Sugar Company, the owner of the tractor, has been ordered by the High Court to pay the family Ksh 910,575 for the loss of their son.
Initially, the lower court had awarded the family Ksh 1.1 million, but Hon. Justice William Musyoka revised the amount downward to approximately Ksh 0.9 million, terming the initial award 'excessive'.
According to the judge, the boy's career path was still unknown, and there was no general rule in assessment and tabulation of damages in respect of a deceased minor.
Justice Musyoka ruled, 'I find that the sum awarded for loss of dependency is inordinately high against a global sum of Ksh 700,000. The award of Ksh. 960, 000 is thus set aside and substituted with that of Ksh. 700,000. The rest of the awards remain undisturbed.'
Tom Avedi Misigo and his wife Judith had sued the company after their son Fanuel died in the accident.
