The Kitui County Government, alongside its former governor Charity Ngilu, has been ordered by a commercial court to pay businessman David Kariuki Waweru a sum of Sh 25 million as compensation for the destruction of his lorry and the loss of goods it was transporting.
The incident in question occurred on February 7, 2018, when Waweru’s vehicle, carrying 400 bags of charcoal, was stopped along the Thika-Garissa Road by individuals allegedly linked to the Kitui County Government.
The vehicle, registered as KCC 050P, was later set on fire in an act the court determined was unlawful.
Waweru recounted the traumatic sequence of events, explaining that he had received a call from his driver at around 1 pm that day, alerting him that his lorry had been flagged down by a convoy associated with Ngilu’s administration.
Later that evening, around 10 pm, he learned the vehicle had been set on fire by individuals who emerged from a Double Cabin vehicle linked to the Kitui County Government.
During his testimony, Waweru explained that he had paid Sh 12,000 for the transport of the charcoal, which he believed was legitimate.
He claimed that both his vehicle and the cargo were destroyed unlawfully, with no authorization from the authorities.
He accused Ngilu and her government officials of overstepping their powers and acting beyond what was appropriate, especially since such matters should have been handled by the Kenya Police.
The driver’s testimony corroborated Waweru’s account.
Joseph Mwangi Waweru, the lorry driver, confirmed that he had been detained at Kitui Police Station after showing his permit for transporting the charcoal.
He stated that the situation escalated after he showed his valid permit, which was later claimed to be fake by those who stopped the vehicle.
Once released from the police station, he learned that the lorry had been set ablaze.
Further testimony from Martin Thuo Kamande, a conductor accompanying the driver, supported the plaintiff’s claims.
Kamande stated that he saw Ngilu inspecting the permit but later heard her claim it was fraudulent.
He also witnessed the convoy of Ngilu leaving only to return with a group of people who then set the lorry on fire.
Through his lawyer, Jeremy Njenga, Waweru urged the court to hold the Kitui County Government and Ngilu responsible, citing their unlawful actions that led to his losses.
In their defense, the Kitui County Government and Ngilu denied any direct involvement in the incident.
They asserted that they neither ordered the destruction of the vehicle nor participated in any violent actions.
One of Ngilu’s representatives even dismissed the plaintiff’s account as mere hearsay.
Despite the defense’s denial, Chief Magistrate David Mburu ruled in favor of Waweru, citing the compelling evidence provided by the plaintiff and his witnesses.
The court found that the testimony presented was not effectively countered by the defense.
The judge noted that while it may have been within the purview of the governor’s staff to stop the vehicle, the subsequent actions—including the burning of the lorry—were beyond what could be legally permitted.
In his judgment, Magistrate Mburu emphasized that the defendants’ actions were unlawful and well outside the scope of their duties.
He stated that the loss of the vehicle, the destruction of the charcoal, and the disruption of Waweru’s livelihood were directly caused by the actions of Ngilu and the county officials.
As part of the ruling, the court awarded Waweru compensation not only for the destroyed vehicle and the cargo but also for lost profits due to the vehicle’s destruction.
The court determined that Waweru had lost income amounting to Sh33,973 per day over the course of a year, totaling Sh12,400,331 in lost earnings.
In total, the court ordered the Kitui County Government and Charity Ngilu to pay Waweru Sh25 million.
This sum included special damages for the vehicle and cargo, compensation for lost income, and general damages for the emotional distress caused by the incident. The court also mandated that the defendants bear all legal costs related to the suit.
