Judge orders Kenya Power to pay electrocution victim Sh15m

The High Court in Meru has ordered Kenya Power to pay a 22-year-old man Sh15 million after he was electrocuted as he grazed the family cows six years ago.

Justice Francis Gikonyo ruled that the power utility firm was negligent for leaving live electric wire lying on the ground, thus causing the accident.

The victim, whose identity was not revealed, was herding cattle at Kilemi/Kautine area of Antubetwe, Igembe North on October 30, 2015, when he tripped and fell on the live electric wires that were lying on the ground.

Medics who testified in the case told the court that the man suffered near-fatal injuries and pegged the degree of the disability occasioned by the accident at 70 percent.

The injuries left the victim unconscious and occasioned him to be admitted to Maua Methodist hospital for 117 days, during which, his right arm was amputated below the elbow.

In his testimony, the man said the injuries had caused him to drop out of school where he was in Class Four since he used the right hand to write.

Dr Nicholas Guantai testified that he examined the injured man and wrote the report on injuries sustained.

The medic noted that the plaintiff had suffered fifth-degree burns of the right forearm, leaving it “charred like burnt firewood”.

The victim, who was represented by lawyer Muia Mwanzia, also suffered fourth-degree burns to the left distal sheen, ankle and foot, and third-degree burns to the right axilla.

Dr Guantai told the court that the injuries were consistent with electrocution of high voltage current.

Denied liability

The doctor’s opinion was that the victim requires fitting with a myoelectric prosthesis and recommended he commences occupational therapy to learn to use his left hand.

Currently, the injured man requires an assistant to perform even basic tasks like taking a bath and dressing.

However, Kenya Power denied liability and claimed that the injured man was to blame for the accident and closed the case without calling any evidence.

The plaintiff stated that a prosthesis costing Sh8 million was recommended for him and it would help him conduct his daily activities.

The plaintiff, who still complains of pain to date, said he has been attending physiotherapy and wears a pressure garment on his left ankle to reduce the formation of keloid on the scar.

The plaintiff stated that the stump on the elbow is covered with stockinette material to enable shaping of the future of the prosthesis and he uses three pieces per year.

Justice Gikonyo ruled that it was the duty of Kenya Power to ensure the high voltage electric power lines, which traverse through areas that are inhabited or accessible by the public, were safe.

“This calls for a high degree of vigilance on its part in order to avert accidents… The plaintiff was only going about his normal course of herding cattle, in that area. It is the defendant who should have ensured that the cables run overhead and not on the ground especially where they would come into contact with humans or animals,” he ruled.

He awarded him Sh10,310,000 for future medical expenses, Sh919,500 as special damages and Sh4,500,000 general damages for the pain, suffering and loss of amenities.