Kenya Power to pay amputated boy Sh4.4m

A minor who lost limbs and became incapacitated after being electrocuted seven years ago has been awarded Sh4.4 million for future medical expenses and replacement of his artificial hand.

Justice Stephen Riechi agreed with the minor’s parent – referred to as EMK to protect his identity – that the boy required a prosthetic hand in future to be replaced twice before he attained 18 years and after he was over 18.

 “It will be absurd for a court to tell the youngster to wait to pay for the medical treatment in a complication that will occur in future and then come back to re-open the suit and claim the same as damages.

“With the present medical knowledge, the medical personnel are capable of estimating future costs of medical treatment on CK (minor) who has sustained serious injuries,” said the judge.

Justice Riechi, however, rejected a plea for CK to get a domestic worker until he marries as well as damages for inability to join a profession of his choice, saying the artificial hand was enough.

Sh1.6 million

He awarded him Sh1.6 million for the first placement and Sh2.8 million for the second making it Sh4.4 million in total.

The minor successfully sued Kenya Power after he tripped and touched a live wire and was electrocuted.

A magistrate had earlier awarded him Sh3 million for general damages and an additional Sh2,500 for special damages. But after the appeal, the court adjusted the amount Sh4.4 million and costs of the suit.

CK, through his parent, filed an appeal seeking special damages, payment for a helper, costs of an artificial hand, loss for failure to join a profession of his choice and damages for future medical care. Evidence presented in court showed that after the accident, the minor’s right hand was amputated at the shoulder joint. He also sustained multiple electrical burns on the head, left chin, abdomen, left fingers and lost his right foot. The boy also lost consciousness as a result of the shock.

Kenya Power denied the claims of negligence and said if the accident occurred, the minor was also to blame.

The parties entered a consent where the power firm admitted 85 per cent liability while the minor took 15 per cent.

The magistrate was then left to determine the quantum of damages where he awarded the minor Sh3 million in 2016.

Aggrieved, the minor filed an appeal arguing that the magistrate failed to award him damages for costs of an artificial hand and future medical expenses, among others.