This archive report was first published on 31 October 2019.
On October 11, 2015, Benjamin Mwanzia Muoki was knocked down by a vehicle belonging to the Catholic Diocese of Machakos along the Machakos-Kitui road.
He suffered severe injuries, including fractures to his lower jaw, right cheekbone, and right temporal ear, which left his face deformed.
According to eyewitness Griton Mwanzia Titus, the Church vehicle sped off after hitting Muoki.
The Catholic Diocese of Machakos denied liability, claiming Muoki was contributorily negligent and that the driver was not acting on their behalf.
However, the court ruled that the driver was driving at a speed above the prescribed limit and that the Church should shoulder 100% liability.
The court awarded Muoki Sh1,800,000 in general damages, Sh13,250 as special damages, and Sh500,000 as future medical expenses.
On appeal, the Catholic Church argued that the court should have found them 30% negligent and that the award was excessively high.
However, Judge D K Kemei upheld the original ruling, stating that the driver's actions were the responsibility of the Church as his employer.
The court directed that each party bear their own costs of the appeal, while Muoki was awarded full costs in the lower court.
