Corrupt legal system a tragedy for accident victims

• Dishonest lawyers and insurers are some of the hurdles that litter road to compensation

Ms Joyce Wanjiru, another survivor in the accident in which 26 Kenya Canners workers died, was awarded Sh100,000 instead of the Sh1.2 million she had sought as compensation because her lawyer listed some injuries she did not sustain.

“The medical report by the doctor revealed serious anomalies namely, stating injuries that in fact were never sustained,” ruled Judge Ang’awa, on June 2, 2004. “I believe this affects the plaintiff’s case considerably.”

Now rushing

The deluge of complaints from disenchanted accident victims and their dependants has forced authorities to try and find ways of remedying the situation.

The Judiciary is now rushing to clear cases arising from accidents that occurred in the late 1980s and early 1990s, according to sources at the Law Reform Commission.

Sadly though, it is unlikely the situation will improve soon as the Judiciary is hamstrung by a thin workforce.

Elsewhere, the Law Society of Kenya has moved to “restore public confidence in the profession”, according to chairperson Okong’o O’Mogeni.

He has established the LSK Trust Fund that will benefit victims of dishonest lawyers. “Once the tribunal makes a decision, LSK issues the cheque.”