Antony Owino (left) with his daughter Lucy Adhiambo at his home in Kibera, Nairobi on November 11, 2023.
Road accidents happen in a split second, but the scar lives forever. They sometimes snuff out lives. But they also rob futures, dreams, and the very essence of one’s existence.
This is exactly what happened to Antony Owino. In a split second, his entire life — and that of his young family changed forever.
A journey that began at exactly 8pm ended abruptly with casualties in the middle of the night. He survived but with un-erasable pain to date.
He lost one of his twin daughters while the other survived but with serious injuries.
Mr Owino was once vibrant, operating his welding business in Kibera, Nairobi, but not anymore. He is now at home, unable to provide for his family. August 27, 2023 will forever remain in their minds.
Death certificate
This was the day together with his twin daughters boarded a bus, hoping to reach Western part of the country by the next day for his daughters to return to school.
But the journey abruptly ended at Kijabe.
“That night, we boarded one of the buses… I don’t remember the number plate. I was taking them back to school. We were sitting just behind the driver. It was at night, and most of us were asleep including me and my daughters. However, when I woke up, I found myself in a hospital,” he recalls.
"I was informed that I lost one of my daughters, Lilian. Thankfully, Lucy is stable."
The two were to celebrate their 18th birthday on August 28 same year. “My family was complete with the two. But the death of Lilian and seeing Lucy navigate life on her own is frustrating,” Mr Owino adds.
Lilian’s death certificate indicates that she died of excess bleeding.
“It is excruciating to raise twin daughters only to lose one. The trauma is overwhelming, leaving my heart heavy, but I must remain strong for the family,” he added.
On the other hand, the accident left him with severe neck and head injuries. He is also unable to eat because his teeth are weak.
“My teeth are supported by braces. I am not able to eat,” Mr Owino says as he struggles to open his mouth to speak during the interview.
Lucy, on the other hand, can barely move due to injuries sustained during the accident.
“Living without my twin is difficult. I was used to her company. Now I have to bear the trauma and pain all the days of my life,” Lucy told Sunday Nation.
Their home which was once vibrant has now turned into a place of anguish. Putting a meal on the table has also become a problem since Mr Owino’s wife has no job.
However, just like many people, Mr Owino has tried to follow up about the incident to be compensated but has not been successful.
“The accident took place at Kijabe, merely an hour after we left Nairobi. I really do not remember the bus’s number plate. This is because even the driver perished in the accident,”
“I have tried to seek help, even psychological help but have not been successful. I do not know the procedure to follow to be compensated,” he says. On the other hand, Stephen Maeke, 34, says his familiy has used more than Sh1 million since their father was hit by a vehicle at his place of work in Narok.
“We even sold a piece of land just to finance the compensation process but since 2018, we have not received justice,” Mr Maeke says.
Titus Kitavu, 74, was hit by vehicle that veered off the road.
He suffered serious injuries in the pelvis and lower back.
Until today, he is walking with the help of crutches.
General and special damages
According to court papers, Mr Kitavu’s family filed a suit against the owner of the car at Narok Law court on March, 1, 2018 seeking general and special damages and cost of suit.
The court papers seen by Sunday Nation reveal that summons were served and the defendant failed to respond. According to the judgment delivered in an open court on April, 2, 2018 by Resident Magistrate of Narok Law Courts, Mr Kitavu was to be compensated Sh1.5 million for general damages and Sh41,966.
“I herein find that an award of Sh1, 500,000 would be adequate since the fractures did not require surgical fixation and the medical report produced as P. Exh 2 does not indicate permanent disability. Defendant to pay cost of suit to the plaintiff and interest as the court rates as prayed,” read the judgment.
The vehicle that hit Mr Kitavu is registered under one of the leading insurance company.
Mr Maeke, now the breadwinner, states that he lost everything, including his businesses, while striving to secure compensation for his father.
“My life has been reduced to ashes. I have nothing. I am jobless. All the money we had is all gone because of the issue,” he says
These cases are just a fraction of the many Kenyans who suffer after accidents and are unable to get compensation.
4,324 people died
Numerous victims are left uncompensated, forced to bear the pain alone. The disparity between incurred claims and paid claims can be attributed to several factors, including pending claims investigations, disputes over claim settlements and ongoing processing times.
Data from the Kenya National Bureau of Statistics and the Kenya Police Traffic Department show that 4,324 people lost their lives in road accidents in 2023.
The fatalities included 1,591 pedestrians, 382 drivers, 739 passengers, 393 pillion passengers, 86 pedal cyclists, and 1,133 motorcyclists.
Additionally, 5,142 passengers sustained minor injuries, while 4,046 passengers were seriously injured.
According to the Insurance Regulatory Authority's (IRA) quarter four report for 2023, the total incurred claims for motor private insurance amounted to Sh19.01 billion, while motor commercial insurance incurred claims was Sh18.59 billion. Incurred claims refer to payments that are yet to be settled.
On payouts, the industry disbursed Sh18.43 billion for motor private insurance claims.
In comparison, motor commercial insurance claims payments totalled Sh16.78 billion.
These figures highlight the considerable financial demands to settle claims within the motor insurance market, reflecting both the volume of claims and the cost of damages.
IRA did not immediately respond to our requests for a comment.
Procedure to follow after an accident
Those injured often seek legal representation to advocate on their behalf, with liability falling on the vehicle owner and their insurance company.
In cases involving multiple vehicles, the police ascertain fault before the injured party seeks legal counsel to pursue compensation.
Legal proceedings usually target the vehicle owner and their insurance provider, with the insurance company often managing the case on behalf of the insured individual.
